Tsung v Johnson [2022] NSWCATAP 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tsung v Johnson [2022] NSWCATAP 151 Hearing dates: 16 February 2022 Date of orders: 11 May 2022 Decision date: 11 May 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member M Gracie, Senior Member Decision: (1) The appeal is allowed; (2) The decision made on 1 November 2021 in proceedings RT 21/35526 is varied by substituting $364.71 for $3,352.21; (3) The proceedings are remitted to the Consumer and Commercial Division of the Tribunal for rehearing of the issues other than the claim of the respondent for a rent reduction and the claim of the appellant for the cleaning of the carpet by a differently constituted Tribunal upon the evidence already adduced to the Tribunal at first instance, and such further evidence as the Tribunal may allow. Catchwords: APPEAL — identifying the wrong issue or asking the wrong question — constructive failure to exercise jurisdiction — procedural fairness — failure to take into account relevant considerations — failure to provide proper reasons Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 62, 80, 81 Civil and Administrative Tribunal Rules 2014 (NSW), rr 3, 25 Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Croghan v Rees [2021] NSWCATAP 328 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 DVE18 v Minister for Home Affairs (2020) 276 FCR 401; [2020] FCAFC 83 Goncalves v Bora Developments Pty Ltd [2021] NSWCATAP 231 NSW Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Origin Concepts Pty Ltd v Wynne [2022] NSWCATAP 31 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Nga Man Tsung (Appellant) Kristelle Johnson (Respondent) Representation: Appellant (self-represented) L Hughes (Agent)(Respondent) File Number(s): 2021/00326645 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 November 2021 Before: G Towney, General Member File Number(s): RT 21/35526