Katuruza v Sifri [2022] NSWCATAP 290

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Katuruza v Sifri [2022] NSWCATAP 290 Hearing dates: 31 August 2022 Date of orders: 7 September 2022 Decision date: 07 September 2022 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member A Boxall, Senior Member Decision: (1) Extend the time within which to file the Notice of Appeal to 7 July 2022. (2) Appeal allowed. (3) Set aside the orders of the Tribunal on 2 June 2022 and 20 June 2022 in proceedings RT 22/11493. (4) Remit the whole of the proceedings RT 22/11493 back to the Tribunal for re-hearing and determination. Catchwords: APPEALS – RESIDENTIAL TENANCY – Orders made in the absence of the Appellant – whether denial of procedural fairness and the hearing rule Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 Residential Tenancies Regulation 2019 (NSW) Cases Cited: Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy's Car Sales [2015] NSWCATAP 65 Prendergast v Westen Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Precious Katuruza (Appellant) Rafie Sifri (Respondent) Representation: Appellant (Self Represented) Respondent (Self Represented) File Number(s): 2022/00198335 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: 20 June 2022 Before: L Wilson, Principal Member File Number(s): RT 22/11493