Elkhouri v Khuu [2021] NSWCATAP 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elkhouri v Khuu [2021] NSWCATAP 86 Hearing dates: 23 March 2021 Date of orders: 7 April 2021 Decision date: 07 April 2021 Jurisdiction: Appeal Panel Before: A Bell SC, Senior Member R C Titterton OAM, Senior Member Decision: (1) The time for the filing of the Notice of Appeal be extended to 20 January 2021. (2) Order (1) of the Tribunal in proceedings RT 20/36600 of 5 November 2020 is set aside. (3) Orders (1), (2), (3) and (4) of the Tribunal in proceedings RT 20/36600 of 9 November 2020 are set aside. (4) Orders (1), (2), (3) and (4) of the Tribunal in proceedings RT 20/36600 of 23 November 2020 are set aside. (5) The residential tenancy agreement between the parties dated 27 August 2019 is terminated. (6) The appellant is to give vacant possession of the premises to the respondent on or before 21 April 2021. (7) If having read these comments, the respondent wishes to maintain his application for costs, then: (a) the respondent should file submissions addressing the issue of special circumstances, and why costs should be awarded, on or before 21 April 2021. Those submissions should be limited to three pages, and should confirm the amount of costs sought; (b) the appellant may respond on or before 5 May 2021, also limiting its submissions to three pages; (c) the respondent may provide submissions in reply on or before 12 May 2021. Catchwords: APPEALS – application for an extension of time in which to file notice of appeal PROCEDURAL FAIRNESS — hearing rule —principles Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Berrell v Combined Pastoral Pty Limited [2015] NSWSC 1334 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Cumberland Consolidated Holdings Ltd v Ireland [1946] KB 264 Di Salvo v Leung [2014] NSWCATAP 44. Gallo v Dawson [1990] HCA 30, 93 ALR 479 Howard v B. Miles Womens Foundation Inc [2012] NSWC 1173 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Nanschild v Pratt [2011] NSWCA 85 O'Keefe v Davies [2016] NSWCATCD 7 Phoenix v Guangyue Chen [2020] NSWCATAP 255 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Topfell Limited v Galley Properties Limited [1979] 1 WLR 446 Smilie Pty Limited v Bruce (1998) 9 BPR [97750] at 16,725; (1999) ANZ Conv R 412 at 414 Waterhouse v Waugh [2003] NSWCA 139 Texts Cited: D Skapinker and P Lane, Sale of Land in NSW: Commentary and Materials (Law Book Co, Sydney, 5th ed, 2010) M Aronson and M Groves, Judicial Review of Administrative Action Fifth Edition (Law Book Co, Sydney, 5th ed, 2013) Category: Principal judgment Parties: Lilian Elkhouri (Appellant) Kevin Khuu (Respondent) Representation: Appellant (Self Represented) W Weir (Agent) (Respondent) File Number(s): 2021/00056050 (AP 21/02742) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Before: M McCue, Member File Number(s): RT 20/36600, RT 20/21862