Chung v Zadeh [2020] NSWCATAP 230

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chung v Zadeh [2020] NSWCATAP 230 Hearing dates: 22 July 2020 Date of orders: 5 November 2020 Decision date: 05 November 2020 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member SThode, Senior Member Decision: (1) The appeal is allowed. (2) The award made by the Tribunal in the amount of $4139.00 is set aside. (3) The amount of $4139.00 held by the Tribunal is to be returned to the landlord. (4) The matter is remitted to the Tribunal, differently constituted, for determination according to law and in accordance with these reasons. Catchwords: APPEAL – Residential Tenancy - findings of fact – failure to deal with issues in dispute Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Bartlett v Hewitt [2016] NSWCATAP 40 Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rathchime Pty Ltd v Willat [2017] NSWCATAP 87 Texts Cited: None cited Category: Principal judgment Parties: Cynthia Sau Man Chung (Appellant) Marzieh Zohrab Zadeh (First Respondent) Iman Emamian Rad (Second Respondent) Representation: Solicitors: Appellant (Self Represented) M Zadeh (Respondents) File Number(s): AP 20/21054 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 13 February 2020 Before: Member F Holles File Number(s): RT 20/04455