Prior v Al-Ali [2020] NSWCATAP 222

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Prior v Al-Ali [2020] NSWCATAP 222 Hearing dates: 14 October 2020 Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member M Gracie, Senior Member Decision: (1) The appeal is allowed; (2) The orders made by the Tribunal in proceedings RT 20/16225 are set aside; (3) The following orders are substituted in place of the orders made by the Tribunal in proceedings RT 20/16225: (a) the rent payable under the residential tenancy agreement between the appellant and the respondent is excessive, and that from 27 April 2019 to 26 April 2020 the rent for the residential premises must not exceed $370.00 per week; (b) the respondent is to pay the appellant the sum of $2,420.00 immediately; (4) There is no order as to the costs of the appeal; (5) If the appellant seeks a different costs order to order (4) above, then the following orders will apply: (a) within 14 days of the publication of these reasons, the appellant is to file and serve any submissions and evidence addressing any "special circumstances" in support of an application for his costs under s 60 of the NCAT Act; (b) the respondent is to file and serve any submissions and evidence in response within 14 days of receipt of the appellant's submissions and evidence; (c) any question of costs will be determined on the papers (as the parties have agreed). Catchwords: APPEAL – NCAT - error of law - discretion miscarried RESIDENTIAL TENANCY – excessive rent - withdrawal by landlord of part of the facilities provided with residential premises – date from which excessive rent order applies Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd [2019] NSWCA 61; (2019) 99 NSWLR 419 Federal Commission of Taxation v Trail Brothers Steel & Plastics Pty Ltd [2010] FCAFC 94; 186 FCR 410House v King [1936] HCA 40; (1936) 55 CLR 499 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Steven Prior (Appellant) Henry Al-Ali (Respondent) Representation: Solicitors: Appellant (Self Represented) O Pereira (Agent) (Respondent) File Number(s): AP 20/31600 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 9 July 2020 Before: D Ash, General Member File Number(s): RT 20/16225