Araghi v St George Community Housing [2021] NSWCATAP 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Araghi v St George Community Housing [2021] NSWCATAP 154 Hearing dates: 14 May 2021 Date of orders: 28 May 2021 Decision date: 28 May 2021 Jurisdiction: Appeal Panel Before: Cowdroy AO QC ADCJ, Principal Member S Goodman SC, Senior Member Decision: (1) The Appeal Panel orders that the orders made in proceedings SH 20/51743 on 21 December 2020 be set aside. Catchwords: APPEALS — procedure — stay pending appeal — leave to appeal — discharge of orders LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — quiet enjoyment — social housing tenancy agreement Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: AHB v NSW Trustee and Guardian [2014] NSWCA 40 Texts Cited: Nil Category: Principal judgment Parties: Mohsen Ghaderi Araghi (Appellant) St George Community Housing (Respondent) Representation: Solicitors: Appellant (self-represented) Respondent (self-represented) File Number(s): 2021/00056062 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not reported Date of Decision: 30 December 2020 Before: J Ringrose, General Member File Number(s): SH 20/51743

REASONS FOR DECISION

Introduction 1. By Application for Stay of Original Decision Pending Appeal, the appellant sought a stay of orders that were made in proceedings SH 20/51743 on 21 December 2020. On that day the Tribunal made orders in relation to a residential tenancy. The appellant is the tenant and the respondent is the landlord. The applicant also filed a Notice of Appeal. Such notice was not filed until 25 January 2021. Since the decision of the Tribunal was received on 30 December 2020, the appeal is out of time and would require a grant of leave to bring the appeal.