Saqa v Chu [2021] NSWCATAP 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saqa v Chu [2021] NSWCATAP 99 Hearing dates: 4 February 2021 Date of orders: 21 April 2021 Decision date: 21 April 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member R C Titterton OAM, Senior Member Decision: 1. The appeal is dismissed. 2. Any and all stay orders are discharged. Catchwords: LEASES AND TENANCIES – parties to the lease - default and termination – reduction and withdrawal of services – no error demonstrated Legislation Cited: Nil Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Metuisela Saqa (Appellant) Patricia Lunia Tukana (Second Appellant) Atunaisa Saqa (Third Appellant) Herman Chu (First Respondent) Ngoc Huynh Nguyen (Second Respondent) Representation: Appellants (Self-Represented) Tin Duong (Agent) (Respondents) File Number(s): 2020/00371111 (AP 20/44256) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 17 July 2020 Before: S Hennings, General Member File Number(s): RT 20/23304; RT 20/24029

REASONS FOR DECISION 1. This is an appeal by tenants (the appellants) against orders of the Tribunal which terminated the residential tenancy agreement between themselves and the landlords (the respondents) for a failure to pay rent. 2. In addition to those orders the Tribunal ordered the tenants to pay outstanding rent in the sum of $5,757.14, less $1,000 compensation the Tribunal held the tenants were entitled to for the loss of certain amenities during the term of the tenancy. The net result was that the tenants were ordered to pay the landlords the sum of $4,757.14 together with a daily occupation fee of $88.57 per day from the 18 July 2020 until possession was given to the landlords. 3. For the reasons that follow we are of the opinion that the appeal should be dismissed.