Watson v Chen [2022] NSWCATAP 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Watson v Chen [2022] NSWCATAP 44 Hearing dates: 8 February 2022 Date of orders: 17 February 2022 Decision date: 17 February 2022 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J Currie, Senior Member Decision: (1) Time to appeal is extended up to and including 16 November 2021. (2) Appeal dismissed. Catchwords: LEASES AND TENANCIES — NSW Civil and Administrative Tribunal — jurisdiction and power – jurisdiction to hear dispute between a resident of China and residents of NSW – property in NSW, residential tenancy agreement made in NSW, tenants in NSW - jurisdiction not excluded by decision of the High Court in Burns v Corbett Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36(3) Residential Tenancies Act 2010 (NSW), ss 6, 7, 8, Pt 9 Cases Cited: Burns v Corbett; Burns v Gaynor; Attorney General for NSW v Burns; Attorney General for NSW v Burns; NSW v Burns (2018) 265 CLR 304; [2018] HCA 15 In the matter of Hillsea Pty Limited [2019] NSWSC 1152 Multicon Engineering Pty Ltd v Federal Airports Corp (1997) 47 NSWLR 631; [1997] NSWCA 214 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Seymour v Wu [2021] NSWCATAP 289 Category: Principal judgment Parties: Peter Anthony Watson (First Appellant) John Howard Martin (Second Appellant) Jintai Chen (Respondent) Representation: Appellants in person

Solicitors: Sun Lawyers (Respondent) File Number(s): 2021/00320489 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 12 October 2021 Before: G Bassett, General Member File Number(s): RT 21/11377