Shaw v Hartman [2019] NSWCATAP 290

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shaw v Hartman [2019] NSWCATAP 290 Hearing dates: 19 November 2019 Date of orders: 04 December 2019 Decision date: 04 December 2019 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member K Ransome, Senior Member Decision: Appeal dismissed Catchwords: APPEAL AND NEW TRIAL – general principles – extension of time to appeal – requirements – orders sought would conflict with earlier consent orders - Anshun estoppel Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 41, clause 12(1)(b) and (c) of Schedule 4 Residential Tenancies Act 2010 (NSW), ss 44, 115 Civil and Administrative Tribunal Rules 2014 (NSW), r 25(4) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Category: Principal judgment Parties: Kristina Shaw (Appellant) Susan Hartman (First Respondent) Robert Hartman (Second Respondent) Samuel Hartman (Third Respondent) Representation: Solicitors: Appellant (Self Represented( First Respondent (Self Represented) (Second and Third Respondent) File Number(s): AP 19/41060 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 1 May 2019 Before: C Pirina, General Member File Number(s): RT 19/10005