Kotsakis v Hidajat [2021] NSWCATAP 358

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kotsakis v Hidajat [2021] NSWCATAP 358 Hearing dates: 2 November 2021 Date of orders: 11 November 2021 Decision date: 11 November 2021 Jurisdiction: Appeal Panel Before: D Charles, Senior Member J Currie, Senior Member Decision: 1. Leave to appeal refused 2. Appeal dismissed Catchwords: APPEAL – termination of residential tenancy - orders for rent arrears and with respect to a rental bond – monetary limit of Tribunal's jurisdiction – whether any procedural unfairness in a hearing of shorter duration - no error of law – no substantial miscarriage of justice – leave to appeal refused PRACTICE & PROCEDURE – late adjournment request – short adjournment granted but with appeal hearing proceeding on the day – legislative obligation of parties and their legal representatives to give effect to the Tribunal's guiding principle 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: Brennan v New South Wales Land and Housing Corporation [2011] NSWCA 298 Bridgford v Brien [2017] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Thomas v Godbolt [2021] NSWCATAP 318 Category: Principal judgment Parties: Constadinos Kotsakis (Appellant) Maria Magadelena Ema Hidajat & Untung Gunawan (Respondents) Representation: Solicitors: