Sorba v Liu [2020] NSWCATAP 235

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sorba v Liu [2020] NSWCATAP 235 Hearing dates: 9 November 2020 Date of orders: 16 November 2020 Decision date: 16 November 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member R Titterton OAM, Senior Member Decision: The appeal is dismissed. Catchwords: LANDLORD AND TENANT – residential tenancies legislation – abandonment by the tenant – landlord's remedies on abandonment – compensation – discretion to refuse – discretion not exercised ADMINISTRATIVE LAW – NSW Civil and Administrative Tribunal - appeal from discretionary decision - House v R errors – alleged error that result so unreasonable or unjust that error must have occurred premised on the reasons not explaining the result reached Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl 5(7) Residential Tenancies Act 2010 (NSW), s 107 Cases Cited: Abdel-Messih v Marshall [2018] NSWSC 648 Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd [2019] NSWCA 61 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 House v R [1936] HCA 40; (1936) 55 CLR 499 Texts Cited: None cited Category: Principal judgment Parties: Ismail Sorba (Appellant) Jane Liu (Respondent) Representation: Solicitors: M Kocak (Appellant) Respondent (Self Represented) File Number(s): AP 20/37328 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 14 August 2020 Before: D Harvey, General Member File Number(s): RT 20/27513 and RT 20/18828