Chiangwong v Dragon Phoenix Australia Pty Ltd ATF Dragon Phoenix Family Trust [2021] NSWCATAP 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chiangwong v Dragon Phoenix Australia Pty Ltd ATF Dragon Phoenix Family Trust [2021] NSWCATAP 197 Hearing dates: 9 June 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member G Sarginson, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEALS — leases and tenancies — Residential Tenancies Act 2010 (NSW) — variation of contract — whether agreement to reduce rent — no error of law established — no grounds for leave to appeal established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 35 Residential Tenancies Act 2010 (NSW), ss 175, 187, 190 Residential Tenancies Amendment (COVID-19) Regulation 2020 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Lewis v Rejko Pty Ltd [2021] NSWCATAP 186 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Thatsawan Chiangwong (First Appellant) Akerach Chokniran (Second Appellant) Dragon Phoenix Australia Pty Ltd ATF Dragon Phoenix Family Trust (Respondent) Representation: Solicitors: Appellants (self-represented) R Husin (Agent) (Respondent) File Number(s): 2021/00091544 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not reported Date of Decision: 17 March 2021 Before: S. Dutra, General Member File Number(s): RT 20/53796