ZYK v Soo [2022] NSWCATAP 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZYK v Soo [2022] NSWCATAP 135 Hearing dates: 28 March 2022 Date of orders: 02 May 2022 Decision date: 02 May 2022 Jurisdiction: Appeal Panel Before: G Ellis, SC, Senior Member P H Molony, Senior Member Decision: 1. An extension of time to enable the appellant to appeal against the Tribunal's refusal to issue summonses, said to have been made on 15 November 2021, is refused. 2. Leave to appeal is otherwise refused. 3. The appeal is dismissed. Catchwords: APPEALS – internal appeal – application for an extension of time in which to appeal an interlocutory decision of the Tribunal not to issue summonses refused – leave to appeal an interlocutory decisions granting an extension of time refused – leave to appeal a decision that a 90 day no reason termination notice was not retaliatory refused – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 4, s 41, s 48, s 80(2), and cl 12(1) (a) and (b) of Schedule 4 Civil and Administrative Tribunal Rules 2014, r 4, r 25, r 38 Residential Tenancies Act 2010, s 85, s 115 Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCATAP 24 Florida Kitchen Centre Pty Limited v Keith [2016] NSWCATAP 54 House v R [1936] HCA 40; (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Texts Cited: NCAT Procedural Direction No 2 - Summonses Category: Principal judgment Parties: ZYK (First Appellant) ZYL (Second Appellant) Sylvie Soo (First Respondent) Richard Soo (Second Respondent) Representation: Appellants self-represented M Mathieson (Agent)(Respondent) File Number(s): 2022/00010489 Publication restriction: Order made on 28 April 2022 under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 prohibiting the disclosure of the appellants' names is continued. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: None Date of Decision: 21 December 2021 Before: J Drennan, General Member File Number(s): RT 21/43981