Nelson v Auberson [2019] NSWCATAP 241

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nelson v Auberson [2019] NSWCATAP 241 Hearing dates: 10 September 2019 Date of orders: 26 September 2019 Decision date: 26 September 2019 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member G Sarginson, Senior Member Decision: 1. Appeal dismissed. 2. Stay of orders made by the Tribunal on 25 June 2016 is lifted. 3. Vary order 2 of the orders made by the Tribunal below on 25 June 2019 to substitute the date 1 October 2019 for the date 13 August 2019. 4. Otherwise, the orders made by the Tribunal below on 25 June 2019 are confirmed. Catchwords: JUDGMENTS AND ORDERS – amending, varying and setting aside – consent orders – where based on contract between the parties – misleading statements - duress – authority to make orders Legislation Cited: Civil and Administrative Tribunal Regulations 2013 (NSW), Sch 1, cl 2 Residential Tenancies Act 2010 (NSW), ss 81, 83, 85, 89 Residential Tenancies Regulation 2010 (NSW), r 22 Cases Cited: Astley v J.H Properties Pty Ltd [2017] NSWCATAP 181 Hobson v NSW Land and Housing Corporation [2015] NSWCATAP 222 Loch v NSW Land and Housing Corporation [2014] NSWCATAP 110 Turk v NSW Land and Housing Corporation [2019] NSWCATAP 207 Yuen v Thom [2016] NSWCATAP 243 Category: Principal judgment Parties: Pennellope Nelson (first appellant) Daniel John (second appellant) Robert Auberson (respondent) Representation: Appellants (Self-represented) V Aveyard (estate agent), for the respondent File Number(s): AP 19/31871 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 June 2019 Before: K Rickards, General Member File Number(s): RT 19/20513