Almahy v Jones [2020] NSWCATAP 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Almahy v Jones [2020] NSWCATAP 69 Hearing dates: 26 February 2020 Date of orders: 28 April 2020 Decision date: 28 April 2020 Jurisdiction: Appeal Panel Before: R L Hamilton SC, Senior Member Dr J Lucy, Senior Member Decision: (1) The time to file the Notice of Appeal is extended to 15 January 2020. (2) The appeal is allowed. (3) The Tribunal's orders made on 15 November 2019 are set aside. (4) In substitution for those orders, the Tribunal declines to accept the application of the applicant (Brent Jones). (5) The stay order made by the Appeal Panel on 28 January 2020 is lifted. Catchwords: APPEAL – Jurisdiction – Federal matter – Tribunal has no jurisdiction Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Commonwealth of Australia Constitution Act (Cth) Residential Tenancies Act 2010 (NSW) Cases Cited: Attorney General for NSW v Gatsby (2018) 99 NSWLR 1 Bull v NSW Land and Housing Corporation [2016] NSWCATAP 266 Burns v Corbett (2018) 92 ALJR 423 Momcilovic v The Queen (2011) 245 CLR 1 R v War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228 Watson v Marshall and Cade (1971) 124 CLR 621 Texts Cited: None cited Category: Principal judgment Parties: Ihab F Almahy (First Appellant) Yassmyna Nadya Mguizra (Second Appellant) Brent Jones (Respondent) Representation: Solicitors: Appellants (Self Represented) O Wathen (Agent) File Number(s): AP 20/02215 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 15 November 2019 Before: M Eftimiou, General Member File Number(s): RT 19/49079