Gavin v Redford & O’Shea [2020] NSWCATAP 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gavin v Redford & O'Shea [2020] NSWCATAP 54 Hearing dates: 16 March 2020 Date of orders: 24 March 2020 Decision date: 24 March 2020 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member G Sarginson, Senior Member Decision: (1) Extend the time for lodging the appeal to 18 December 2019 (2) Grant leave to appeal and allow the appeal. (3) Order 7 of the amended orders made on 22 November 2019, amending orders made on 23 October 2019, that Jamie O'Shea is removed as a respondent is set aside. Catchwords: APPEALS-residental tenancy – termination of co-tenancy – error to conclude one co-tenant no longer a tenant – failure to consider legal grounds for termination of co-tenancy Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: Serena Gavin (Appellant) Nada Redford (First Respondent) Jamie O'Shea (Second Respondent) Representation: Solicitors:

Legal Aid NSW (Appellant) Respondents (Self-represented) File Number(s): AP 19/56622 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 22 November 2019 Before: J Searson, General Member File Number(s): RT 19/38818