Constantidis v Sigalas [2021] NSWCATAP 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Constantidis v Sigalas [2021] NSWCATAP 189 Hearing dates: 1 February 2021 Date of orders: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy-President P H Molony, Senior Member Decision: (1) The Appeal Panel dispenses with a further hearing of this matter under s 50(2) of the Civil and Administrative Tribunal Act 2013. (2) Leave to appeal refused. (3) Appeal Dismissed. (4) No order as to costs. Catchwords: LEASES AND TENANCIES – default and termination – legislation protecting tenants – covid-19 pandemic protections – whether a tenant was an impacted tenant APPEALS – procedural fairness – leave to appeal -refusal to admit evidence on appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 NSW Residential Tenancies Act 2010 NSW Residential Tenancies Regulations 2019 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Taylor v Ansett Transport Industries Ltd (1987) 18 FCR 342 Ward v Nand [2021] NSWCATAP 78 Texts Cited: Lexis Nexis Australia, Cross on Evidence, at para 5005 Category: Principal judgment Parties: George Constantinidis (First Appellant) Michael Gorr – (Second Appellant) Demitra Sigalas (Respondent ) Representation: Appellants (Self Represented) McGrath Property Management (Agent) (Respondent) File Number(s): 2020/00371139 (AP 20/46151) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 19 October 2020 Before: P French ,General Member File Number(s): RT 20/37433