Wang v Hure [2023] NSWCATAP 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wang v Hure [2023] NSWCATAP 39 Hearing dates: 8 February 2023 Date of orders: 13 February 2023 Decision date: 13 February 2023 Jurisdiction: Appeal Panel Before: D Charles, Senior Member D Ziegler, Senior Member Decision: 1. Application for extension of time to lodge the appeal refused. 2. Leave to appeal refused. 3. Appeal dismissed. Catchwords: LEASES AND TENANCIES – end of fixed term residential tenancy – no repudiation of tenancy where landlord gives notice of termination in accordance with s 84 of the Residential Tenancies Act – tenant gives ineffective notice of termination before end of fixed term – no rent payable beyond end of fixed term – s 110 of the Residential Tenancies Act applies APPEALS ­­- procedural fairness – leave to appeal – whether against the weight of evidence – whether not fair and equitable – no issue of principle – extension of time refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Collins v Urban [2014] NSWCATAP 17 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Cominos v Di Rico [2016] NSWCATAP 5 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 Texts Cited: None Cited Category: Principal judgment Parties: Yang Wang (Appellant) Craig Hure (Respondent) Representation: Appellant – self represented Respondent – self- represented File Number(s): 2022/00362428 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 02 November 2022 Before: R Titterton, Senior Member File Number(s): RT 22/29105