NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taylor v Peslak [2018] NSWCATAP 57 Hearing dates: 21 February 2018 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Principal Member Decision: 1. The time to lodge the Notice of Appeal is extended to 14 November 2017.
2. Leave to appeal is refused and the appeal is dismissed. Catchwords: PRACTICE AND PROCEDURE - time to appeal- commencement of period
RESIDENTIAL TENANCIES ACT- termination of long term tenancies - preconditions to making a termination order
LEAVE TO APPEAL - substantial miscarriage of justice- against the weight of evidence - not fair and equitable- sufficiency of evidence
WORDS AND PHRASES - meaning of "given reasons of decision" in r 25(4)(b) of the Civil and Administrative Tribunal Rules 2014
WORDS AND PHRASES - meaning of "the circumstances of the case" in s 94 of the Residential Tenancies Act 2010 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 1987 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Coffs Harbour and District Local Aboriginal Land Council v Lynwood [2017] NSWCA 317 Collins v Urban [2014] NSWCATAP 17 Findlay v Commonwealth of Australia (as Represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 20 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Lukic v Commonwealth of Australia (as Represented by the Department of Infrastructure and Regional Development [2017] FCAFC 29 Roads and Traffic Authority v Swain and Others (1997) 41 NSWLR 452 Swain and Anor v Residential Tenancies Tribunal of New South Wales and Anor BC9504317 (Supreme Court of New South Wales, Rolfe J, unreported, 22 March 1995) Category: Principal judgment Parties: Appellant: Sandra Taylor Respondent: Elizabeth Peslak Representation: Appellant: Mr J Hill (agent) Respondent: Mr E Peslak (son) File Number(s): AP 17/48679 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 26 June 2017 Before: P Boyce, Senior Member File Number(s): RT 17/15834
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate