Kaur v Sharma [2023] NSWCATAP 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kaur v Sharma [2023] NSWCATAP 96 Hearing dates: 29 March 2023 Date of orders: 29 March 2023 Decision date: 30 March 2023 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President Decision: (1) Leave is granted for Mr Singh to represent the appellants as their agent in these stay proceedings. (2) Leave is granted for Neil Lawyers to represent the respondents as their legal representative in these stay proceedings. (3) The application for a stay is dismissed. Note: The effect of this order is that the respondents may seek execution of the warrant for possession of the premises after 5 pm on 29 March 2023. Catchwords: LEASES AND TENANCIES – where Tribunal has extended time to make an application for a warrant for possession of the premises – whether that order should be stayed – merits of the substantive appeal and balance of convenience Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Beck v Colonial Staff Super Pty Ltd & Ors (No. 2) [2015] NSWSC 1360 Bentran v Sabbarton [2014] NSWCATAP 37 Hickie v Land and Enviro Corp Pty Ltd [2014] NSWSC 472 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 Singh v Singh; Singh v RCMO Pty Limited; Singh v Sharma; Singh v Murphy; Singh v Armstrong; Singh v Tidball [2023] NSWSC 280 UGL Rail Pty Ltd v Wilkinson Murray Pty Ltd (No 2) [2015] NSWSC 23 Yolarno Pty Ltd v Shandong Delisi Food Co Ltd [2022] NSWCA 30 Texts Cited: None cited Category: Procedural rulings Parties: Kiranjit Kaur (First Appellant) Reva Kaur Mehroke (Second Appellant) Krishna Sharma (First Respondent) Umesh Sharma (Second Respondent) Representation: Gurjit Singh (Agent) (First and Second Appellant) Neil Lawyers (First and Second Respondent) File Number(s): 2023/00086810 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2023] NSWCATCD 280 Date of Decision: 15 March 2023 Before: G Blake AM SC, Senior Member File Number(s): RT 22/15982