Barkat v Sun [2021] NSWCATAP 327

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Barkat v Sun [2021] NSWCATAP 327 Hearing dates: 10 May 2021 Date of orders: 25 October 2021 Decision date: 25 October 2021 Jurisdiction: Appeal Panel Before: T Simon, Principal Member D Robertson, Senior Member Decision: (1) Appeal upheld. (2) The orders of the Tribunal made on 18 February 2021 are set aside. (3) Matter remitted to the Consumer and Commercial Division to be heard and determined by a differently constituted Tribunal. Catchwords: APPEAL – Residential tenancy - procedural fairness – failure to allow cross examination – oral agreement – fixed term agreement - retaliatory notice – termination - declaration of residential tenancy agreement – Residential Tenancies Act 2010 s115 – s11 – s16 – COVID-19 provisions Legislation Cited: Civil and Administrative Tribunal Act 2013 NSW Civil and Administrative Tribunal Rules 2014 NSW Residential Tenancies Act 2010 NSW Residential Tenancies Regulation 2019 NSW Cases Cited: Cheung v Yang [2013] NSWSC 1694 Wakim v Mathiew Pty Ltd [2002] NSWSC 405 Category: Principal judgment Parties: Mark Barkat – appellant Rubina Barkat - appellant

Zechao Sun – respondent Aiqing Xu - respondent Representation: Robi Barkat – for the appellants D Wang – agent for the respondent File Number(s): 2021/00061970 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 19 February 2021 Before: K Rickards, General Member File Number(s): RT 20/40080