Jarvis v Mansted [2018] NSWCATAP 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jarvis v Mansted [2018] NSWCATAP 73 Hearing dates: 6 March 2018 Date of orders: 28 March 2018 Decision date: 28 March 2018 Jurisdiction: Appeal Panel Before: Gregory Burton SC, FCIArb, Senior Member Kay Ransome, Senior Member Decision: 1. To the extent it is required, extend time to lodge the appeal against the decision on 29 November 2017 in RT17/46741 to 22 December 2017 and the appeal against the decision on 7 September 2017 in RT17/25786 to 19 January 2018.

2. Appeal allowed.

3. Set aside the decision dated 29 November 2017 in RT17/46741 and in lieu extend time to lodge the application in RT17/46741 to reinstate RT17/25786 to 3 November 2017 and reinstate RT17/25786.

4. Remit to the Consumer and Commercial Decision for hearing de novo reinstated RT17/25786 together with reinstated RT17/24613 (with current reinstatement number RT17/43470).

5. Note the parties' confirmation that the hearing de novo in the reinstated proceedings is to be on the evidence already lodged in those proceedings. Catchwords: Residential tenancy – bond and money orders at end of lease – no notice of hearing – appeal allowed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Category: Principal judgment Parties: Shane Jarvis and Sarah Shanahan (appellants) Mike and Tracey Mansted (respondents) Representation: Appellants in person Respondents in person File Number(s): AP17/53789 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Commercial and Consumer Division Citation: n/a Date of Decision: 7 September 2017 and 29 November 2017 Before: R Harris, C Marzilli File Number(s): RT17/25786, RT17/46741