Klewer v Roberts [2018] NSWCATAP 225

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Klewer v Roberts [2018] NSWCATAP 225 Hearing dates: 15 August 2018 Date of orders: 20 September 2018 Decision date: 20 September 2018 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member T Simon, Senior Member Decision: 1. The appeal is allowed.

2. The decision to dismiss the appellant's application in RT 17/52045 is set aside.

3. We remit to the Consumer and Commercial Division constituted by another Member the hearing of the balance of the application brought by the Appellant in RT 17/52045, being all matters other than a claim for recovery of Sheriff's costs of eviction. Catchwords: Appeal from decision dismissing application after applicant left proceedings - held applicant justified in leaving proceedings - appeal allowed - held rejection of claim for rental arrears on basis of no available rental records without consideration of any other evidence constituted miscarriage of justice - decision set aside - matter remitted for hearing of application Category: Principal judgment Parties: Robert Klewer (Appellant) Michael John Roberts (Respondent) Representation: A Limbury as guardian ad litem for appellant (Appellant) Respondent self-represented File Number(s): AP 18/16845 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 26 March 2018 Before: M Gilson, Member File Number(s): RT 17/52045