Bridgford v Brien [2017] NSWCATAP 111

Bridgford v Brien [2017] NSWCATAP 111

The amendments made on 21 November 2016 went beyond the correction of an obvious error under s 63 of the Civil and Administrative Tribunal Act 2013 because they reduced the amounts payable and altered significant rights and obligations, including removing the rent-free period. That use of s 63 was an error of law, and the amended orders made on 21 November 2016 and repeated on 29 December 2016 had to be set aside. It was in the interests of justice to extend time, and the substance of the 2 November 2016 compensation and work orders was reinstated, with amended timing for compliance.

Jurisdiction
Australia
Judgment Date
19 May 2017
Procedural Posture
Internal Appeal in Residential Proceedings / Appeal Panel Decision on Extension of Time and Appeal From Orders of the Consumer and Commercial Division
Outcome
Appeal upheld; time for filing the appeal extended; amended orders set aside and replacement compensation and work orders made.
Legal Topics
['slip Rule' 'procedural Fairness' 'rent Reduction' 'compensation for Breach of Residential Tenancy Agreement' 'work Orders' 'extension of Time to Appeal' 'fresh Evidence on Appeal']
['residential Tenancy Law' 'administrative Law' 'civil Procedure'] ['slip Rule' 'procedural Fairness' 'rent Reduction' 'compensation for Breach of Residential Tenancy Agreement' 'work Orders' 'extension of Time to Appeal' 'fresh Evidence on Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Internal Appeal in Residential Proceedings / Appeal Panel Decision on Extension of Time and Appeal From Orders of the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether time should be extended for the tenants to file the appeal out of time.' "Whether the Tribunal's orders of 21 November 2016 and 29 December 2016 validly corrected the orders of 2 November 2016 under s 63 of the Civil and Administrative Tribunal Act 2013." 'Whether the tenants were denied procedural fairness when amended orders were made without an opportunity to make submissions.' 'Whether the compensation and work orders made on 2 November 2016 should be reinstated or the matter remitted.' 'Whether the landlords should be permitted to rely on fresh evidence on the appeal.']

Ratio Decidendi

The amendments made on 21 November 2016 went beyond the correction of an obvious error under s 63 of the Civil and Administrative Tribunal Act 2013 because they reduced the amounts payable and altered significant rights and obligations, including removing the rent-free period. That use of s 63 was an error of law, and the amended orders made on 21 November 2016 and repeated on 29 December 2016 had to be set aside. It was in the interests of justice to extend time, and the substance of the 2 November 2016 compensation and work orders was reinstated, with amended timing for compliance.

Court Disposition

Appeal upheld; time for filing the appeal extended; amended orders set aside and replacement compensation and work orders made.

Orders

  • ['The order made on 24 February 2017 joining Helen Seamark and Allan Bladen as respondents to the appeal is varied and Helen Seamark and Allan Bladen are joined as co-appellants.' 'The time for filing the appeal is extended to 13 February 2017.' 'The appeal is upheld.' 'The orders made on 21 November 2016 and 29...