Rigoni v Tao [2018] NSWCATAP 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rigoni v Tao [2018] NSWCATAP 166 Hearing dates: 29 May 2018 Date of orders: 09 July 2018 Decision date: 09 July 2018 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member S Higgins, Senior Member Decision: 1. Grant leave to the appellant to appeal on a ground other than a question of law.

2. Appeal allowed.

3. The orders of the Tribunal made on 29 March 2018 are set aside.

4. In lieu thereof, order the respondent's application be dismissed.

5. The stay order made on 24 April 2018, and any other stay order, is dissolved forthwith. Catchwords: APPEALS – case proceeding on incorrect facts – fresh evidence on appeal - points and objections not taken below. Legislation Cited: Civil and Administrative Tribunal Act 2013 No. 2 (NSW), Schedule 4, cl 12 Residential Tenancies Act 2010 (NSW), ss 81(1), 82(1), 84(2), 87, 88, 89 Cases Cited: Burston v Melbourne and Metropolitan Tramways Board [1948] HCA 36; (1948) 78 CLR 143 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Damberg v Damberg (2001) 52 NSWLR 492; [2001] NSWCA 87 Mallik v McGeown [2008] NSWCA 230 Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308 Symes v The Proprietors Strata Plan No 31731 [2003] NSWCA 7 Category: Principal judgment Parties: Virginia Rigoni (appellant) Jing Tao (respondent) Representation: Appellant in person Respondent in person File Number(s): AP 18/16384 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 29 March 2018 Before: G Bassett, General Member File Number(s): RT 18/12971