Lekhwar v Singh [2022] NSWCATCD 108

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lekhwar v Singh [2022] NSWCATCD 108 Hearing dates: 9 June 2022 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: The Notice of Order issued 24 June 2022 is amended under Section 63 of the Civil and Administrative Tribunal Act 2013, and should read as follows: (1) Time for the commencement of proceedings RT 22/23153 is extended until 25 May 2022. (2) The residential tenancy agreement in respect of the premises is terminated. (3) The tenants Gurgit Singh and Kiranjit Kaur (the tenants) are to give possession of the premises to the landlords Keshavanand Lekhwar and Vinita Lekhwar (the landlords) immediately. (4) The operation of order (3) above is suspended until 22 July 2022. (5) The tenants are to pay to the landlords a daily occupation fee at the rate of $57.14 per day from 25 June 2021 until the date they give vacant possession of the premises to the landlords. (6) The landlords are at liberty to relist the proceedings within 60 days after they obtain vacant possession of the premises to claim the amount owing by the tenants as occupation fees. (7) Proceedings RT 22/23153 are dismissed. Catchwords: CIVIL PROCEDURE — Hearings — Adjournment — Relevant factors CIVIL PROCEDURE — Hearings — Procedural fairness – Bias — Actual bias CIVIL PROCEDURE — Hearings — Procedural fairness - Apprehended bias LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — NSW Civil and Administrative Tribunal — Jurisdiction and power LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Termination — By landlord – expiry of fixed term LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Termination — Notices – defect in the manner of service Legislation Cited: Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) Bankruptcy Act 1966 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Constitution (Cth) Migration Act 1958 (Cth) National Security (Women's Employment) Regulations 1942 (Cth) Residential Tenancies Act 2010 (NSW) Residential Tenancies Act 1995 (SA) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Aerolink Air Services Pty Ltd v Bankstown Airport Ltd [2022] NSWSC 587 Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38; [2013] HCA 7 Attorney-General of NSW v Gatsby (2018) 99 NSWLR 1; [2018] NSWCA 254 Charisteas v Charisteas [2021] HCA 29; (2021) 95 ALJR 824 Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 Collier v Country Women's Association of New South Wales [2018] NSWCA 36 Cominos v Di Rico [2016] NSWCATAP 5 Henderson v Housing Choices South Australia Ltd [2019] SASC 121 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jackson v NSW Land and Housing Corporation [2015] NSWCATAP 281 Kostov v Amelie Housing (NCAT Appeal) [2019] NSWSC 16 Kostov (Bankrupt) v Australian Financial Security Authority, in the matter of Kostov [2020] FCA 1105 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597; [2002] HCA 11 Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308 Re JRL; Ex parte CJL (1986) 161 CLR 342 at 352; [1986] HCA 39 Rochford v Dayes (1989) 63 ALJR 315 at 315; [1989] HCA 17 Rola Co (Australia) Pty Ltd v Commonwealth (1944) 69 CLR 185; [1944] HCA 17 Singh v Charles [2022] NSWSC 743 Singh v Khan [2021] NSWSC 1093 Singh v Lekhwar [2022] NSWCATAP 158 Wilson v Chan & Naylor Parramatta Pty Ltd (2020) 103 NSWLR 140; [2020] NSWCA 213 Wilson v Minister for Aboriginal & Torres Strait Islander Affairs (1996) 189 CLR 1; [1996] HCA 18 Texts Cited: Nil Category: Principal judgment Parties: RT 22/23153: Keshavanand Lekhwar (First Applicant) Vinita Lekhwar (Second Applicant) Gurgit Singh (First Respondent) Kiranjit Kaur (Second Respondent) Innis Cull (Third Respondent) Gess Rambaldi (Fourth Respondent)