Ahearn v Doig [2019] NSWCATAP 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ahearn v Doig [2019] NSWCATAP 7 Hearing dates: 13 December 2018 Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Robertson, Senior Member Decision: (1) The appeal is dismissed; (2) The order staying the operation of Order 1 made on 5 September 2018 in RT 18/12899 is lifted; and (3) Order 1 made on 5 September 2018 in RT 18/12899 is affirmed. Catchwords: Evidence relied upon at first instance – fresh evidence – mitigation Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act, 2010 (NSW) Cases Cited: Karacominakis v Big Country Developments Pty Ltd & Ors Big Country Developments Pty Ltd v Chadlace Pty Ltd & Ors J W Wall Investment Co Pty Ltd & Ors v Big Country Developments Pty Ltd & Ors Hollingsworth & Anor v Big Country Developments Pty Ltd & Ors [2000] NSWCA 313 Owen v Kim [2017] NSWCATAP 26 Portbury Development Co Pty Ltd v Ottedin Investments Pty Ltd [2014] VSC 57 Texts Cited: Nil Category: Principal judgment Parties: Greg Ahearn and Kirsty Ahearn (Appellants) Paul Doig and Tanya Doig (Respondents) Representation: G Ahearn and K Ahearn (Self Represented) (Appellants) P Doig and T Doig (Self Represented) (Respondents) File Number(s): AP18/40905 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 5 September 2018 Before: J Stewart, General Member File Number(s): RT 18/12899