Hong Kong Pty Ltd atf The Hong Kong Trust v Hamilton [2022] NSWCATAP 321

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hong Kong Pty Ltd atf The Hong Kong Trust v Hamilton [2022] NSWCATAP 321 Hearing dates: 4 October 2022 Date of orders: 12 October 2022 Decision date: 12 October 2022 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member G Ellis SC, Senior Member Decision: 1. The application to extend the time for filing the Notice of Appeal in relation to the decision of the Tribunal in RT 22/16536 of 7 July 2022 to 29 July 2022 is granted and the time accordingly extended. 2. The appeal is allowed. 3. In lieu of order (1) in RT 22/16536 of 7 July 2022 order that the appellant is to pay the respondent of $771.42 immediately. 4. Stay order (3) above given that monies have already been paid to the respondent. 5. The respondent to pay the appellant $800 [within 14 days of the publication of the reasons]. 6. The appeal from the decision in RT 21/32410 is dismissed as having been withdrawn. Catchwords: LEASES AND TENANCIES – whether or not accommodation arrangement constituted a residential tenancy agreement or an arrangement between boarding house proprietor and resident Legislation Cited: Boarding Houses Act 2012 (NSW) – ss 5(3), 8(1), 28, 30, 52; Sch 1 Civil and Administrative Tribunal Act 2013 (NSW) – ss 80, 81(1), 81(2); cl 12 of Sch 4 Civil and Administrative Tribunal Regulation 2013 (NSW) – cl 9 Residential Tenancies Act 2010 (NSW) - ss 7 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 and confirmed in Di Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Salvo v Leung [2014] NSWCATAP 44 Texts Cited: None cited Category: Principal judgment Parties: Hong Kong Pty Ltd atf The Hong Kong Trust (Appellant) Gavin Lyndoch Hamilton (Respondent) Representation: Appellant (Director) (Self Represented) No appearance (Respondent) File Number(s): 2022/00226364 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of NSW Jurisdiction: Consumer and Commercial Division Citation: N/A N/A Date of Decision: 07 July 2022 Before: D Ash, General Member P French, Senior Member File Number(s): RT 22/16536 RT 22/32410