Hurley v Hurley [2018] NSWCATAP 283

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hurley v Hurley [2018] NSWCATAP 283 Hearing dates: 7 November 2018 Date of orders: 28 November 2018 Decision date: 28 November 2018 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member L Wilson, Senior Member Decision: (1) Adjournment application dismissed (2) Leave to extend time in which to appeal is declined (3) The appeal is dismissed. (4) Costs are reserved with liberty to apply which must be exercised within 14 days of this date. Catchwords: Residential tenancy -appeal from decision to terminate tenancy- arrangement between mother and son that son could reside in her home and pay board and lodging-held constituted residential tenancy subject to the provisions of the Residential Tenancy Act and amenable to termination order for non-payment of rent - proceedings dismissed because lacking in substance and for want of prosecution-costs reserved Practice and procedure - appellant unable to appear at appeal hearing -adjournment refused Legislation Cited: Residential Tenancies Act Civil and Administrative Tribunal Act Cases Cited: Charitable Islamic Association of Beirut City Incorporated v The Owners Strata Plan No 75506 [2018] NSWCATAP 207 Texts Cited: Nil Category: Principal judgment Parties: Graham Phillip Hurley (Appellant) Stephen Mark Hurley (Respondent) Representation: Solicitors: Kells The Lawyers (Appellant) No Appearance for Respondent File Number(s): AP 18/35902 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 3 July 2018 Before: D Ash File Number(s): R T 18/27618