Pretorius v Cai [2020] NSWCATAP 282

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pretorius v Cai [2020] NSWCATAP 282 Hearing dates: 2 November 2020 Date of orders: 22 December 2020 Decision date: 22 December 2020 Jurisdiction: Appeal Panel Before: S Thode, Principal Member M Gracie, Senior Member Decision: (1) Extend the time for the filing of the appellant's Notice of Appeal to 3 September 2020. (2) The stay of order 2 of the Tribunal's orders made on 10 August 2020 is lifted. (3) Leave to appeal refused. (4) Appeal dismissed. Catchwords: APPEAL - no question of law - leave to appeal from decision of Consumer and Commercial Division of NCAT - leave to appeal refused RESIDENTIAL TENANCY - termination of residential tenancy agreement - loss of employment or income - non-payment of rent - whether a result of the impact of the COVID-19 pandemic - no evidence - s228B Residential Tenancies Act 2010 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Amendment (COVID-19) Regulation 2020 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Serious v Barlow; Barlow v Serious [2020] NSWCATAD 3 Texts Cited: None cited Category: Principal judgment Parties: Vincent Pretorius (Appellant) Ruihua Cai (Respondent) Representation: I Pretorius (Appellant) C Zhu (Agent) (Respondent) File Number(s): AP 20/36992 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 August 2020 Before: J Ringrose, Tribunal Member File Number(s): RT 20/19989