Rivera v Taipan Management Co [2023] NSWCATAP 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rivera v Taipan Management Co [2023] NSWCATAP 70 Hearing dates: 27 February 2023 Date of orders: 10 March 2023 Decision date: 10 March 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member J Currie, Senior Member Decision: (1) Leave to appeal is refused. Catchwords: APPEALS — Leave to appeal — Principles governing – leave to appeal refused LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — holding fees – claim for repayment of holding fee – tenant refused to enter into the residential tenancy agreement – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 80, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Residential Tenancies Act 2010 (NSW), ss 17, 24, 25, 33, 159 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Federico Caicedo Rivera (Appellant) Taipan Management Co (Respondent) Representation: Appellant (Self-represented) J Bao (Managing agent) (Respondent) File Number(s): 2023/00003357 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 21 December 2022 Before: K George, General Member File Number(s): RT 22/49118