Azeem v Dannoui [2021] NSWCATAP 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Azeem v Dannoui [2021] NSWCATAP 12 Hearing dates: 9 October 2020 Date of orders: 21 January 2021 Decision date: 21 January 2021 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member Dr J Lucy, Senior Member Decision: (1) The appeal is allowed. (2) Orders 1, 2, 3, 4, 5 and 6 of the Orders made 28 July 2020 are set aside. (3) The proceedings are remitted to a differently constituted Tribunal at first instance for redetermination according to law. Catchwords: LANDLORD AND TENANT – residential tenancy – failure to pay rent – termination – claim by tenants that financial situation adversely affected by COVID-19 pandemic APPEALS – error of law – apprehended bias Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Amendment (COVID-19) Regulation 2020 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: British American Tobacco Australia Services Ltd v Laurie (2011) 242 CLR 283 Cominos v Di Rico [2016] NSWCATAP 5 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Johnson v Johnson (2000) 201 CLR 488 Re: JRL; Ex parte CJL [1986] HCA 39; 161 CLR 342 R v Magistrates' Court at Lilydale; Ex parte Ciccone (1973) VR 122 Texts Cited: Nil Category: Principal judgment Parties: Muhammad Azeem & Rafia Azeem (Appellants) Julie Dannoui (Respondent) Representation: Solicitors: Appellants (Self Represented) J Pellizzeri (Agent) (Respondent) File Number(s): AP 20/34224 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 28 July 2020 Before: F Holles, General Member File Number(s): RT 20/28876