Nikiforova-Grigorieva v Li [2022] NSWCATAP 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nikiforova-Grigorieva v Li [2022] NSWCATAP 191 Hearing dates: 25 May 2022 Date of orders: 9 June 2022 Decision date: 09 June 2022 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member D Ziegler, Senior Member Decision: 1. Time for filing the appeal is extended to 29 March 2022. 2. The appeal is allowed. 3. The orders of the Tribunal in RT22/06845 made on 10 March 2022 are set aside. 4. The respondent's application for termination of the residential tenancy agreement and vacant possession of the premises is dismissed. 5. The matter is remitted to the Tribunal, differently constituted, for determination only of the respondent's claim for rental arrears, with leave for the parties to adduce such further evidence as the Tribunal thinks fit. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — termination — non-payment termination notice — where no notice at date of application to Tribunal – where date for termination in the future. APPEALS — denial of procedural fairness — use of interpreter. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Allen and Ors v Tricare (Hastings) Pty Ltd and Anor [2015] NSWSC 416 Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Re Minister for Immigration and Multicultural and Indigenous Affairs: Ex parte Lam (2003) 214 CLR 1 Rokheya Kane Pty Ltd v Lam [2022] NSWCATAP 8 at [89] – [90] Sullivan v Department of Transport [1978] FCA 48; (1978) 20 ALR 323 Texts Cited: None cited Category: Principal judgment Parties: Natalia Nikiforova-Grigorieva (Appellant 1) Yuri Grigoriev (Appellant 2) Li Li (Respondent) Representation: P Van Dyke, Eastern Area Tenants Service (Appellant) Y Ye (Agent) (Respondent) File Number(s): 2022/00089922 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 10 March 2022 Before: J Alder, General Member File Number(s): RT22/06845