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

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

The appeal was allowed because the Tribunal's conclusion that Mr O'Shea was no longer a co-tenant depended on the fact that he had ceased to reside at the premises, which was not itself a legal ground for termination of a co-tenancy, and because the Tribunal failed to identify or apply any legal basis for termination of the co-tenancy under the Residential Tenancies Act 2010 (NSW) or by consent.

Jurisdiction
Australia
Judgment Date
24 March 2020
Procedural Posture
Residential Tenancy Appeal / Appeal Panel Application for Extension of Time, Leave to Appeal and Appeal From Interlocutory Order
Outcome
Time extended, leave to appeal granted, appeal allowed, and the order removing Jamie O'Shea as a respondent set aside.
Legal Topics
['termination of Co Tenancy' 'domestic Violence Termination Notice' 'interlocutory Orders' 'extension of Time' 'leave to Appeal' 'error of Law']
['residential Tenancy Law' 'administrative Law' 'appeals'] ['termination of Co Tenancy' 'domestic Violence Termination Notice' 'interlocutory Orders' 'extension of Time' 'leave to Appeal' 'error of Law']

Case Brief

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Procedural Posture

Residential Tenancy Appeal / Appeal Panel Application for Extension of Time, Leave to Appeal and Appeal From Interlocutory Order

Legal Issues

  1. 1 ['Whether time for lodging the appeal should be extended.' 'Whether leave to appeal should be granted from an interlocutory order.' "Whether the Tribunal erred in concluding that Jamie O'Shea was no longer a co-tenant from 29 January 2019 because he had ceased residing at the premises." 'Whether the Tribunal failed to consider the legal basis for termination of a co-tenancy under the Residential Tenancies Act 2010 (NSW).']

Ratio Decidendi

The appeal was allowed because the Tribunal's conclusion that Mr O'Shea was no longer a co-tenant depended on the fact that he had ceased to reside at the premises, which was not itself a legal ground for termination of a co-tenancy, and because the Tribunal failed to identify or apply any legal basis for termination of the co-tenancy under the Residential Tenancies Act 2010 (NSW) or by consent.

Court Disposition

Time extended, leave to appeal granted, appeal allowed, and the order removing Jamie O'Shea as a respondent set aside.

Orders

  • ['Extend the time for lodging the appeal to 18 December 2019.' 'Grant leave to appeal and allow the appeal.' "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."]