Kazzi v Bechara [2021] NSWCATAP 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kazzi v Bechara [2021] NSWCATAP 166 Hearing dates: 20 May 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J Kearney, Senior Member Decision: (1) Appeal dismissed. (2) If any party desires to make an application for costs of the appeal: (a) the applicant for costs is to lodge with the Appeal Panel and serve on the respondent to the costs application any written submissions of no more than five pages, and any evidence in support of the application, on or before 14 days from the date of these reasons; (b) the respondent to any costs application is to lodge with the Appeal Panel and serve on the applicant for costs any written submissions of no more than five pages, and any evidence in opposition to the application, on or before 28 days from the date of these reasons; (c) any reply submissions limited to three pages are to be lodged with the Appeal Panel and served on the other party within 35 days of the date of these reasons; (d) the parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. Catchwords: APPEAL - point not taken below — conduct of hearing – party bound by conduct of his or her case below unless exceptional circumstances established – exceptional circumstances not established LEASES AND TENANCIES – residential tenancy – occupancy of unapproved "granny flat" – illegality – effect of illegality on tenancy agreement Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36(3) Environmental Planning & Assessment Act 1979 (NSW), ss 109M, 109N Cases Cited: Kings v Chand [2019] NSWCATAP 180 McInnes v Rheem Australia Pty Limited [2021] NSWCA 89 University of Wollongong v Metwally (No 2) [1985] HCA 28; (1985) 59 ALJR 481 ZID v Green [2018] NSWCATAP 198 Texts Cited: None cited Category: Principal judgment Parties: Youssef Kazzi (First Appellant) Odette Kazzi (Second Appellant) Steve Bechara (Respondent) Representation: Solicitors: FutureLegal (Appellants) Brydens Lawyers (Respondent) File Number(s): 2021/00060889 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 February 2021 Before: A Lynch, General Member File Number(s): RT 20/50201