Shapkin v Lorenzato [2022] NSWCATCD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shapkin v Lorenzato [2022] NSWCATCD 67 Hearing dates: 6 April 2022 Date of orders: 8 April 2022 Decision date: 08 April 2022 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The proceedings are dismissed. Catchwords: CIVIL PROCEDURE – Renewal of proceedings – Whether the respondent failed to comply with order of the Tribunal – Whether any other appropriate order should be made – Proceedings dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 Flanagan v Bernasconi [2022] NSWSC 381 Goode v Angland (2017) 96 NSWLR 503; [2017] NSWCA 311 McLean v Power [2013] NSWSC 193 Mehr v Lau [2022] NSWCATAP 15 Minifie v Maxwell [2020] NSWCATAP 30 Smits v Loel [2014] FCA 1341 Smits v Loel (No 3) [2015] FCA 77 X-Build Construction Services Pty Ltd v O'Rourke [2020] NSWCATAP 181 Texts Cited: Nil Category: Principal judgment Parties: Vasiliy Shapkin (Applicant) Angele Lorenzato (Respondent) Representation: Applicant (Self-represented) N Minaway (Respondent) File Number(s): RT 22/14212 Publication restriction: Nil

REASONS FOR DECISION

Overview 1. In these renewed proceedings the applicant, Vasiliy Shapkin, who is the tenant, seeks relief under the Residential Tenancies Act 2010 (NSW) (RT Act) against the respondent, Angele Lorenzato, who is the landlord, of premises situated in a multi-storey building at Liverpool (the premises) under a residential tenancy agreement between them by reason of the alleged failure of the respondent to comply with certain orders made by the Tribunal on 1 March 2022 in proceedings RT 22/06803 (the RT 22/06803 proceedings) as varied on 25 March 2022 by the Appeal Panel in proceedings 2022/00074365 (the 2022/00074365 proceedings). 2. I have decided that the renewed proceedings should be dismissed.