Sharma v Kaur [2023] NSWCATCD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sharma v Kaur [2023] NSWCATCD 14 Hearing dates: 3 March 2023 Date of orders: 15 March 2023 Decision date: 15 March 2023 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The application for miscellaneous matters of Gurgit Singh and the first named respondent filed on 21 February 2023 is dismissed. (2) The time for the applicants to make an application for a warrant for possession of the premises is extended to 3 February 2023. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — NSW Civil and Administrative Tribunal — Jurisdiction and power –the Tribunal has jurisdiction to determine application for extension of time to issue warrant for possession LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Recovery of possession of premises – application for extension of time to issue warrant for possession – application granted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 51, Sch 4 cl 3 Criminal Law Consolidation Act 1935 (SA), ss 85, 131, 196 Residential Tenancies Act 2010 (NSW), ss 43, 87, 88, 119, 121 Cases Cited: Attorney-General of NSW v Gatsby (2018) 99 NSWLR 1; [2018] NSWCA 254 Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16; (2022) 96 ALJR 476 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Kaur v Sharma [2022] NSWCATAP 336 Kaur v Sharma (No 2) [2022] NSWCATAP 360 McLean v Power [2013] NSWSC 193 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597; [2002] HCA 11 Singh v Tidball [2023] NSWSC 96 Smits v Loel [2014] FCA 1341 Smits v Loel (No 3) [2015] FCA 77 Wilson v Chan & Naylor Parramatta Pty Ltd (2020) 103 NSWLR 140; [2020] NSWCA 213 Texts Cited: None cited Category: Consequential orders Parties: Umesh Sharma and Krishna Sharma (Applicants) Kiranjit Kaur and Reva Kaur Mehroke (Respondents) Representation: Solicitors: Neil Lawyers (Applicants)