Seymour v Wu [2022] NSWCATAP 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Seymour v Wu [2022] NSWCATAP 208 Hearing dates: 12 April 2022 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Goldstein, Senior Member Decision: Leave to appeal is refused and the appeal is dismissed. Catchwords: LEASES-residential tenancy-rent arrears-challenge to rent increases-whether any rent increase notices given-application of s 41 (10) of the Residential Tenancies Act 2010 (NSW)-claim that rent excessive -claim for a rent reduction due to alleged frustration- "clean hands" defence to landlord's claim not available. APPEALS-alleged bias not established-no error of law in failing to consider undeveloped and unsubstantiated claim and another claim that was misconceived-no other error of law or appealable error-leave to appeal refused. Legislation Cited: Civil and Administrative Tribunal Act (NSW) (2013) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulations 2019 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; 75 ALJR 277; [2000] HCA 63. Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Seymour v Wu [2021] NSWCATAP 289 Rice Marketing Board for the State of New South Wales v Forbidden Foods Pty Limited; Forbidden Foods Pty Limited v Rice Marketing Board for the State of New South Wales [2020] NSWCATAP 182 Texts Cited: None cited Category: Principal judgment Parties: Michael Thomas Seymour (Appellant) Zichao Wu (Respondent) Representation: Appellant (self-represented) Respondent (self-represented) File Number(s): 2022/00043275 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 03 February 2022 Before: C Marzilli, General Member File Number(s): RT 21/42081; RT 21/01276