Kesselring v Van Bodegraven [2019] NSWCATAP 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kesselring v Van Bodegraven [2019] NSWCATAP 27 Hearing dates: Written submissions 30 October 2018, 5 November 2018, 11 January 2019 Date of orders: 23 January 2019 Decision date: 23 January 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member Dr R Dubler SC, Senior Member Decision: (1) Annette Mary Kesselring is joined as a party to the appeal. (2) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 a hearing is dispensed with. (3) The appeal is upheld. (4) The orders made in proceedings RT 18/20625 on 20 July 2018, as amended under s 63 of the Civil and Administrative Tribunal Act 2013 on 30 July 2018, are set aside, and the following order is substituted:

"James van Bodegraven is to pay Annette Mary Kesselring and Leonardo Volpi Kesselring the sum of $1,460.00 within 14 days of the date of these orders". Catchwords: APPEAL – Residential tenancies – Fixed term agreement - Proposed sale of premises – Agreement to vacate – Whether error on question of law Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 Cases Cited: C G Constructions Pty Limited v Hanson Constructions Materials Pty Limited [2017] NSWCATAP 130 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: A Anforth et al Residential Tenancies Law and Practice New South Wales 7th ed, 2017 Category: Principal judgment Parties: Annette and Leonardo Volpi Kesselring (Appellants) James Van Bodegraven (Respondent) Representation: Solicitors: J Murray, Inner West Tenants Advice & Advocacy Service (Appellants) J Kennedy, (Agent) (Respondent) File Number(s): AP 18/34184 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 July 2018 Before: C Paull, Senior Member File Number(s): RT 18/20625