Westwell v Kitson [2018] NSWCATAP 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Westwell v Kitson [2018] NSWCATAP 121 Hearing dates: 30 April 2018 Date of orders: 22 May 2018 Decision date: 22 May 2018 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member G Sarginson, Senior Member Decision: (1) Leave to appeal refused.

(2) Appeal dismissed.

(3) The stay of the operation of Order 3 made on 1 March 2018 is lifted.

(4) The orders made on 1 March 2018 are varied by varying Order 3 to specify that the order for possession is suspended until the date three weeks after the date of these orders. Catchwords: APPEAL: Consent orders – whether power to make orders – whether basis on which consent orders should be set aside Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 Cases Cited: Burns v Corbett [2017] NSWCA 3 Burns v Corbett & Ors; Burns v Gaynor [2018] HCA 15 Collins v Urban [2014] NSWCATAP 17 Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45 Loch v New South Wales Land and Housing Corporation [2014] NSWCATAP 110 McDonald v McDonald [2016] NSWCATAP 252 S & G Homes t/as Pavillion Homes v Owen [2015] NSWCATAP 190 Category: Principal judgment Parties: Rachel Westwell (Appellant) Leeza Kitson (Respondent) Representation: In person (Appellant) In person (Respondent) File Number(s): AP 18/11639 Publication restriction: No Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 1 March 2018 Before: N Vrabac, Senior Member File Number(s): RT 17/49933