Al Bisher v Sabbagh [2021] NSWCATAP 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Al Bisher v Sabbagh [2021] NSWCATAP 100 Hearing dates: 29 March 2021 Date of orders: 22 April 2021 Decision date: 22 April 2021 Jurisdiction: Appeal Panel Before: A Bell SC, Senior Member R C Titterton OAM, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. Catchwords: APPEAL – allegation of procedural fairness - non-compliance by appellant with directions to provide a typed copy of relevant parts of the sound recording of the hearing below including the oral reasons. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Akram Al Bisher (First Appellant) Nouras Almowoly (Second Appellant) Mamdouh Sabbagh (Respondent) Representation: First Appellant (on behalf of both Appellants) R Chehade (Agent) (Respondent) File Number(s): 2021/00056063 (AP 21/03813) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 13 January 2021 Before: L Wilson, Senior Member File Number(s): RT 20/31296

reasons for decision

Introduction 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act) against a decision made in the Consumer and Commercial Division of the Tribunal (Tribunal) on 13 January 2021. 2. The appellants, Akram Al Bisher and Nouras Almowoly, were the tenants of premises at Ashcroft under a residential tenancy agreement. The respondent, Mamdough Sabbagh, is the landlord of the premises.