Gu v McMahon [2021] NSWCATAP 333

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gu v McMahon [2021] NSWCATAP 333 Hearing dates: 6 September 2021 Date of orders: 27 October 2021 Decision date: 27 October 2021 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Charles, Senior Member Decision: 1. To the extent required, leave to appeal is granted. 2. The appeal is allowed in part. 3. Set aside the order made by the Tribunal on 16 June 2021 but only to the extent that it implicitly dismissed the claims by the appellant the subject of items 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19 and 20 in the Landlord's List of Claims (defined in the reasons). 4. The appellant's claims the subject of items 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19 and 20 in the Landlord's List of Claims are remitted to a differently constituted Tribunal for redetermination. 5. For the purpose of such redetermination, directions should be made by the Tribunal which address the matters referred to in paragraph 99 of these reasons. 6. Otherwise, the appeal is dismissed. Catchwords: LANDLORD and TENANT-termination of tenancy agreement instigated by tenant-whether validly terminated-whether other bases upon which the agreement terminated-claims relating to condition of the residential premises when tenant gave up possession-significance of condition report prepared by the landlord APPEALS-error of law-failure to address termination issues-failure to address issues concerning probative force of the landlord's condition reports Legislation Cited: Civil and Administrative Tribunal Act (NSW) (2013) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Dranichnikov v Minister for Immigration and Multicultural Affairs[2003] HCA 26; 77 ALJR 1088 Hall v Jenkins [2015] NSWCATAP 197 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Yan Ping Gu (Appellant)