Zioukin v Lang [2022] NSWSC 823

Supreme Court New South Wales

Medium Neutral Citation: Zioukin v Lang [2022] NSWSC 823 Hearing dates: 21 June 2022 Date of orders: 21 June 2022 Decision date: 21 June 2022 Jurisdiction: Common Law Before: Basten AJ Decision: (1) Dismiss the plaintiff's informal application for vacation of the hearing date. (2) Dismiss the amended summons seeking leave to appeal from the decision of the Appeal Panel of NCAT delivered on 10 January 2022. (3) Order that the plaintiff pay the defendant's costs in this Court. Catchwords: APPEALS – leave to appeal – appeal from Appeal Panel of NCAT – appeal on question of law – grounds – ground to be more than merely arguable – whether reasons adequate – whether plaintiff denied procedural fairness CIVIL PROCEDURE – application by plaintiff to vacate hearing – late medical certificate – chronic illness – pro forma certificate – nature and history of proceedings – cost and inconvenience to respondent - whether proceedings futile LEASES AND TENANCIES – residential tenancy agreement – holding over period – notice of termination without reasons – whether retaliatory notice – tenant evicted whether relief available in NCAT Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83 Residential Tenancies Act 2010 (NSW), ss 85, 115 Category: Principal judgment Parties: Andre Zioukin (Plaintiff) Sue Lang (Defendant) Representation: Counsel: Mr T Cleary (Defendant)

Solicitors: JHK Legal (Defendant) File Number(s): 2022/00037122 Decision under appeal Court or tribunal: NSW Civil & Administrative Tribunal Jurisdiction: Appeal Panel Date of Decision: 10 January 2022 Before: Principal Member Suthers Senior Member Ransome File Number(s): 2021/00318963