Ahmad v Coskap Pty Ltd & Ors [2022] NSWCATCD 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ahmad v Coskap Pty Ltd & Ors [2022] NSWCATCD 197 Hearing dates: 31 August 2022 Date of orders: 17 October 2022 Decision date: 17 October 2022 Jurisdiction: Consumer and Commercial Division Before: G Bassett, General Member Decision: (1) Coskap Pty Ltd is removed as a party. (2) Conkara Pty Ltd is removed as a party. (3) The application is dismissed because, having considered the material placed before it, the Tribunal is not satisfied (at the civil standard of proof) that the grounds required to make the orders sought have been established. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Rent — Rent reductions — definitions of landlord, agent Legislation Cited: Residential Tenancies Act 2010, sections 21, 187 Category: Principal judgment Parties: Applicant: Waqqas Ahmad

First Respondent: Coskap Pty Ltd

Second Respondent: Conkara Pty Ltd

Third Respondent: Stella Chan

Fourth Respondent: Wendy Chan Representation: Applicant (tenant): self-represented

Respondents (landlords): Steve Psomadelis File Number(s): RT 22/33624 Publication restriction: unrestricted

REASONS FOR DECISION 1. On 14 June 2022, the landlords applied for a payment of $570.00 from the tenant (RT 22/26365). The matter came before the Tribunal for a conciliation hearing on 12 July 2022. It did not settle. The tenant was given the opportunity to make a cross-application and the usual directions were made setting up a contested hearing for both matters. 2. On 4 July the landlords applied for further orders in RT 22/29724. A termination order was sought for the tenancy agreement based on rent arrears. Both 22/26365 and RT 22/29724 were withdrawn at the beginning of the hearing of the application subject of this determination. 3. On 26 July 2022, the tenant cross-applicant applied for orders as allowed in RT 22/26365. He applied for orders for: 1. the landlord to remedy a breach of the tenancy agreement 2. that under section 21 a term of the agreement was void 3. a rent reduction under section 44(1)(b) 4. for repayment of rent under section 47 5. repairs under section 65(1)(a) 6. section 73 change to security device or lock. 1. An application for an urgent hearing of the tenant's cross-application due to an alleged lockout from the premises was determined on 29 July 2022 when the landlord was ordered to return possession of the premises to the tenant. 2. On 1 August the matter was listed for hearing on 31 August. Orders were made in respect of lodging and serving documents for contested hearing.