Li v Middleton [2021] NSWCATAP 249

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Li v Middleton [2021] NSWCATAP 249 Hearing dates: 13 July 2021; 18 August 2021 Date of orders: 30 August 2021 Decision date: 30 August 2021 Jurisdiction: Appeal Panel Before: Cowdroy ADCJ AO QC A Boxall, Senior Member Decision: (1) Leave be granted to bring the appeal; (2) The appeal is upheld in part. (3) Order 1 made on 30 April 2021 be set aside; (4) The respondent is to pay to the appellant the amount of $1457.16 within seven days of the date of these orders. Catchwords: APPEAL - Residential Tenancies Act – breaches of act by landlord – defects in residential premises – rent relief ordered – appellant claiming that her representative at the first hearing did not present her case accurately – principles concerning a second hearing – errors in final calculations – adjustments made to correct error Legislation Cited: Civil and Administrative Tribunal Act No 2 (2013) Residential Tenancies Act 2010 Cases Cited: Al Mehdawi v Secretary of State for the Home Department [1990] 1 AC 876 Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1KB 223 Collins v Urban [2014] NSWCATAP 17 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 House v R [1936) HCA 40; 55 CLR 499 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Multicultural Affairs; Ex-parte Applicant S 20/2002 (2003) 198 ALR 59 MZAES v Minister for Immigration and Border Protection [2015] FCA 1133 SDFDE v Minister for Immigration and Citizenship [2007) HCA 35; 232 CLR 189 Category: Principal judgment Parties: Xiaoyan Li (Appellant) Brett Middleton (First Respondent) Lisette Middleton (Second Respondent) Representation: Huan He (Agent) (Appellant) First Respondent (Self-represented) Second Respondent (Self-represented) File Number(s): 2021/00151607 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 30 April 2021 Before: J Thompson, Member File Number(s): RT21/00982