Zahra v Baker [2022] NSWCATAP 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zahra v Baker [2022] NSWCATAP 145 Hearing dates: 11 April 2022 Date of orders: 18 May 2022 Decision date: 18 May 2022 Jurisdiction: Appeal Panel Before: S Thode, Senior Member AR Boxall, Senior Member Decision: (1) Appeal dismissed. (2) The matter is remitted to the Tribunal for rehearing pursuant to section 81(1)(e) of the Civil and Administrative Tribunal Act 2013. (3) The order made on 3 February 2022 in RT 21/47355 is set aside. (4) The applicant tenant is to file and serve all bank statements and all other evidence and documents she seeks to rely upon at the hearing of the matter to the Tribunal and respondent within seven (7) days of the orders being published. (5) The respondent landlord is to send a copy of all bank statements and all other evidence and documents he seeks to rely upon at the hearing of the matter to the Tribunal and the applicant within twenty-one (21) days of these orders being published. (6) The applicant tenant is to file and serve evidence in reply, if any, by twenty-eight (28) days of these orders being published. (7) Any cross application by the landlord against the tenant must be filed with the Tribunal and sent to the tenant within seven (7) days of the orders being published. (8) The landlord must send a copy of all documents and evidence he seeks to rely upon at the hearing of the matter to the Tribunal and the tenant within twenty-one days (21) of the orders being published. (9) The tenant must send a copy of all documents and evidence she seeks to rely upon in defence to the landlord's claim to the Tribunal and the landlord within thirty-five (35) days of the orders being published. (10) As the landlord resides overseas the parties are given leave to serve the documents electronically on each other, by email. (11) All documents provided to the Tribunal must be provided in HARDCOPY. The Tribunal will not accept documents provided electronically (12) The documents provided to the Tribunal must be identical to those that are provided to the other party, and must be provided in an indexed and paginated bundle contained in a ring binder or similar device. Catchwords: APPEALS - LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) - Remittal Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Category: Principal judgment Parties: Charlie Zahra (Appellant) Chantze Baker (Respondent) Representation: Appellant Self-represented South West Sydney Tenants' Advocacy and Advice Service (Respondent) File Number(s): 2022/000356415 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 01 February 2022 Before: S Hennings, General Member File Number(s): RT 21/47355