Mohd v Basha [2022] NSWCATAP 351

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mohd v Basha [2022] NSWCATAP 351 Hearing dates: 18 October 2022 Date of orders: 10 November 2022 Decision date: 10 November 2022 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J Currie, Senior Member Decision: 1. Appeal upheld. 2. The orders of the Tribunal made on 8 August 2022 are set aside. 3. The proceedings are remitted to the Tribunal, differently constituted, to be heard according to law. 4. Order 7 made by the Appeal Panel on 9 September 2022, and continued on 6 October 2022, is continued (except as varied by the following) until the decision of the Tribunal in the remitted proceedings or by any other preceding order of the Tribunal or Appeal Panel. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW), s 89(5) — termination — by landlord – frequent failure to pay rent – "may" make a termination order – s 89(5) involves a discretionary decision – reasons to be given for the exercise of that discretion Legislation Cited: Residential Tenancies Act 2010 (NSW), ss 89(5), 91 Cases Cited: Cain v New South Wales Land and Housing Corporation [2014] NSWCA 28 Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Peachey v Dubbo Koorie Housing Aboriginal Corporation [2022] NSWCATAP 119 Project Blue Sky Inc & Ors v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Stoker v Adecco Gemuale Constructions Pty Ltd [2004] NSWCA 449 Texts Cited: None cited Category: Principal judgment Parties: Mohd Zaidi Bin Mohd (First Appellant) Noor Adnan (Second Appellant) Zia Basha (Respondent) Representation: First Appellant (Self Represented) First Appellant (Second Appellant) F Jebara (Agent) (Respondent) File Number(s): 2022/00251327 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: 09 August 2022 Before: M McFarlane, General Member File Number(s): RT 22/29699