Martin v McCarthy-Nielsen [2019] NSWCATAP 270

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Martin v McCarthy-Nielsen [2019] NSWCATAP 270 Hearing dates: 16 October 2019 Date of orders: 11 November 2019 Decision date: 11 November 2019 Jurisdiction: Appeal Panel Before: Armstrong J, President S Thode, Senior Member Decision: Leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: RESIDENTIAL TENANCY – no error of law – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Civil Liability Act 2002 (NSW) Cases Cited: Flight Centre v Janice Louw [2011] NSWSC 132; (2011) 78 NSWLR 656 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Category: Principal judgment Parties: Patrick Martin (First Appellant) Sally Butler-McPhee (Second Appellant) Nerida McCarthy-Nielsen (Respondent) Representation: Solicitors: First Appellant (Self Represented) (Second Appellant) J Hurdle (Agent)(Respondent) File Number(s): AP 19/42220 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2018] NSWCAT Date of Decision: 29 August 2019 Before: S Hennings, General Member File Number(s): RT 19/23797