Schmitzer v Donnellan [2016] NSWCATCD 22

Schmitzer v Donnellan [2016] NSWCATCD 22

As the applicant no longer wished to proceed against L Hendricks, and as evidence and party identity issues require further evidence, L Hendricks was removed as a party; directions for filing and exchange of evidence were made to enable a fair and efficient hearing; the respondent was ordered to provide an address for service in compliance with applicable rules and the guiding principle; the hearing venue and confidentiality matters were deferred for further application and evidence as necessary.

Parties
Applicant: Aaron Schmitzer; Respondent: Suzanne Donnellan
Jurisdiction
Australia
Judgment Date
16 March 2016
Procedural Posture
Application for Bond Return—residential Tenancy / Interlocutory Directions/reasons for Directions Prior to Final Hearing
Outcome
Interlocutory orders made; matter adjourned for further hearing
Legal Topics
Residential Tenancies, Jurisdiction of Tribunal, Procedural Directions, Service of Documents, Removal of Party
Tenancy Law Tribunal Procedure Residential Tenancies Jurisdiction of Tribunal Procedural Directions Service of Documents Removal of Party

Case Brief

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Parties

Aaron Schmitzer

Applicant

Suzanne Donnellan

Respondent

Procedural Posture

Application for Bond Return—residential Tenancy / Interlocutory Directions/reasons for Directions Prior to Final Hearing

Legal Issues

  1. 1 Whether the respondent is the proper party (landlord) to the bond dispute
  2. 2 Whether proceedings should be stayed due to parallel Local Court proceedings
  3. 3 What directions are just for the exchange of evidence and addresses for service

Ratio Decidendi

As the applicant no longer wished to proceed against L Hendricks, and as evidence and party identity issues require further evidence, L Hendricks was removed as a party; directions for filing and exchange of evidence were made to enable a fair and efficient hearing; the respondent was ordered to provide an address for service in compliance with applicable rules and the guiding principle; the hearing venue and confidentiality matters were deferred for further application and evidence as necessary.

Court Disposition

Interlocutory orders made; matter adjourned for further hearing

Orders

  • Written reasons provided pursuant to Section 62(2) of the Civil and Administrative Tribunal Act 2013
  • A copy of these reasons is to be provided to the respondent, Suzanne Donnellan, at the post office box at Tweed Heads recorded in the Statement of Claim attached to the respondent's correspondence dated 24 February 2016 and at the post office box address in Armidale recorded in the applicant's original application.