El Ali v Beaini Enterprises Pty Ltd and Anor [2022] NSWCATAP 230

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: El Ali v Beaini Enterprises Pty Ltd and Anor [2022] NSWCATAP 230 Hearing dates: 6 April 2022 Date of orders: 15 July 2022 Decision date: 15 July 2022 Jurisdiction: Appeal Panel Before: D Charles, Senior Member J McAteer, Senior Member Decision: 1. Leave is granted to file the amended Notice of Appeal dated 18 February 2022. 2. The application for leave to appeal is refused. 3. The appeal is otherwise dismissed. 4. If any party desires to make an application for its costs of the appeal: a. that party is to so inform the other party within 14 days of the date of these reasons. b. the applicant for costs is to lodge with the Appeal Panel and serve on the respondent to the costs' application any written submissions of no more than five pages on or before 14 days from the date of these reasons. c. the respondent to any costs' application is to lodge with the Appeal Panel and serve on the applicant for costs any written submissions of no more than five pages on or before 28 days from the date of these reasons. d. any reply submissions limited to three pages are to be lodged with the Appeal Panel and served on the other party within 35 days of the date of these reasons. e. the parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs' application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. Catchwords: APPEAL – residential tenancy- parties to tenancy agreement – whether any misunderstanding of parties constitutes an error by tribunal – utility of appeal in circumstances where tenancy has ended and possession given over – no claim for damages – - Tribunal acted on submissions of parties – no departure from the position of the parties – different case put on appeal – utility of continued proceedings - moot appeal. Legislation Cited: Civil and Administrative Tribunal Act 2013 Corporations Act 2001 (Cth) Residential Tenancies Act 2010 Residential Tenancies Regulation 2019 Cases Cited: Accom Finance Pty Ltd v Kowalczuk [2006] NSWSC 730 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe [1986] HCA 33 John Alexander Clubs Pty Ltd v White City Tennis Club Limited [2010] HCA 19 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Raslan v Pan [2015] NSWCATAP 12 Secretary, Department of Communities and Justice v Feeney [2021] NSWCATAP 239 Stead v State Government Insurance Commission [1986] HCA 54 White City Tennis Club Ltd v John Alexander's Clubs Pty Ltd (No 2) [2009] NSWCA 194 Texts Cited: Nil Category: Principal judgment Parties: Alan El Ali (First Appellant) Yates Holdings Victoria Pty Ltd (Second Appellant)