Aboss v Hafeez [2022] NSWCATAP 345

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Aboss v Hafeez [2022] NSWCATAP 345 Hearing dates: 27 September 2022 Date of orders: 04 November 2022 Decision date: 04 November 2022 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Robertson, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) The respondent may, within 14 days of the date of publication of these reasons, file and serve submissions, not exceeding five pages, in support of an application for costs in respect of the appeal. (4) If the respondent files submissions in accordance with order (3), the appellant may file and serve submissions in response, not exceeding five pages, within a further 14 days. (5) Any submissions filed in accordance with orders (3) and (4) should address the issue whether the question of costs can be determined on the basis of the written submissions and without a further hearing. (6) If the respondent does not file submissions in accordance with order (3) there will be no order in relation to the costs of the appeal. Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – premises not subject to occupation certificate and not legally able to be occupied at commencement of tenancy – premises nevertheless fit for habitation within meaning of s 52 of Act Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Home Building Act 1989 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v di Rico [2016] NSWCATAP 5 Dyldam Developments Pty Ltd v The Owners- Strata Plan No 85305 [2019] NSWCATAP 229 Fasako v TianyD Beauty & Hairdressing Australia Pty Ltd [2022] NSWCA 112 Kings v Chand [2019] NSWCATAP 180 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Shokrgozar v Abouloukme [2017] NSWCATAP 232 Suttor v Gundowda Proprietary Limited [1950] HCA 35; (1950) 81 CLR 418 Watson v Chen [2022] NSWCATAP 44 Whear v Kids on Hayes Street Pty Ltd [2021] NSWCATAP 123 ZID v Green [2018] NSWCATAP 198 Texts Cited: Nil Category: Principal judgment Parties: Abdul Ahad Aboss (Appellant) Farman Hafeez (Respondent) Representation: Solicitors: Pannu Lawyers (Respondent) File Number(s): 2022/00229117 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: NA Date of Decision: 19 July 2022 Before: P French, Senior Member File Number(s): RT 22/08496; RT 22/12123