Singh v Lekhwar [2022] NSWCATAP 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Singh v Lekhwar [2022] NSWCATAP 158 Hearing dates: 28 January 2022, 11 April 2022 Date of orders: 16 May 2022 Decision date: 16 May 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member P Durack SC, Senior Member Decision: (1) The names of the respondents to the appeal are corrected in the appeal and in each of the proceedings at first instance to "Vinita Lekhwar and Keshavanand Lekhwar." (2) A further hearing of the appellants' application to re-open the hearing of the appeal and any further hearing of the appeal itself be dispensed with. (3) The appeal is allowed. (4) The orders made by the Tribunal on 9 November 2021 the subject of this appeal, namely orders 1,2,3,4,5,6 and 7 are set aside. (5) Proceedings RT 21/32134 be remitted to the Tribunal for re-determination insofar as those proceedings seek orders in relation to possession of the residential premises the subject of these proceedings, including any order for termination of a residential tenancy agreement between the parties. (6) Mr Singh's trustee(s) in bankruptcy is/are made a party to proceedings RT 21/32134. (7) Mr Singh is to provide the name and address of his trustee(s) in bankruptcy to the Appeal Registry and the respondents to the appeal, by email, within 10 working days. Catchwords: APPEAL- one appellant bankrupt when purported to consent to termination of tenancy – challenge to orders recorded as being made by consent Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Bankruptcy Act 1966 (Cth) Cases Cited: Cummings v Claremont Petroleum NL (1996) 185 CLR 124 Gerlach v Clifton Bricks Pty Ltd [2002] HCA 22; 209 CLR 478 Integrated Securities No 3 Pty Ltd v Oceans 5 Ultimate Getaways Pty Ltd [2021] NSWSC 278 Nathan Elali (a bankrupt) v Mahrs and Anor [2013] NSWSC 1883 National Australia Bank Ltd v Strik [2009] NSWSC 184 Singh v Khan [2021] NSWSC 1093 Singh v Secretary, Department of Communities and Justice [2022] NSWSC 78 Tadrosse v Ndaira [2015] NSWCATAP 84 Texts Cited: None cited Category: Principal judgment Parties: Gurgit Singh (First Appellant) Kiranjit Kaur (Second Appellant) Vinita Lekhwar (First Respondent) Keshavanand Lekhwar (Second Respondent) Representation: Appellants (Self Represented) Respondents (Self Represented) File Number(s): 2021/00332235 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 November 2021 Before: D Charles, Senior Member File Number(s): RT 21/32134