Graham O’Keefe v Integral Corporate Property Pty Ltd [2020] NSWCATAP 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Graham O'Keefe v Integral Corporate Property Pty Ltd [2020] NSWCATAP 76 Hearing dates: 15 April 2020 Date of orders: 05 May 2020 Decision date: 05 May 2020 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member D Charles, Senior Member Decision: (1) Appeal is dismissed. (2) The operation of order 2 made on 28 January 2020 in matter number RT19/42303 is stayed for a period of one month and otherwise the stay of that order is lifted. (3) The previous stay order is conditional upon the appellant continuing to pay the respondent $3,100 per month whilst in occupation of the premises. (4) The Appeal Panel makes the following directions with respect to costs: (a) The respondent, if it seeks an order for costs, is to file and serve within 14 days of this decision submissions including as to whether the Tribunal should make an order dispensing with a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW); (b) The appellant is to file and serve any submissions in response within 14 days of receipt of the appellant's submissions including whether or not the Tribunal should make an order dispensing with a hearing on costs pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW); (c) The appellant is to file and serve any submissions in reply within seven days of receipt of the appellant's submissions. Catchwords: APPEAL – meaning of error of law – whether permitted to raise new issue on appeal