Choi v Khan [2022] NSWCATAP 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Choi v Khan [2022] NSWCATAP 76 Hearing dates: 17 March 2022 Date of orders: 22 March 2022 Decision date: 22 March 2022 Jurisdiction: Appeal Panel Before: G Sarginson, Senior Member D Ziegler, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: LEASES AND TENANCIES - bond claim - break fee – APPEALS – party bound by case ran at first instance - whether decision against the weight of evidence. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe [1986] HCA 33 Hall v Hawkins [2015] NSWCATAP 197 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Panico v Crompton & Jennings [2015] NSWCATAP 110 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: Nil Category: Principal judgment Parties: Kyong Houan Choi (Appellant) Mohammad Ashraf Khan (Respondent) Representation: Appellant (Self Represented) Respondent (No appearance) File Number(s): 2021/00349397 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 12 November 2021 Before: S Sutherland, General Member File Number(s): RT 20/32120