Dux v Medina [2023] NSWCATAP 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dux v Medina [2023] NSWCATAP 106 Hearing dates: 6 April 2023 Date of orders: 14 April 2023 Decision date: 14 April 2023 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member L Wilson, Senior Member Decision: 1. Appeal allowed. 2. Order 1 of the Tribunal made on 10 February 2023 is set aside. 3. In lieu thereof, order that time for the lodgement of the landlord's application be extended up to and including 16 January 2023. 4. Order that the residential tenancy agreement be terminated immediately, and possession be given to the appellant on the date of termination. 5. The order for possession is suspended until six weeks from the date of this decision. 6. The respondents shall pay the appellant a daily occupation fee at the rate of $78.57 per day from the day after the date of termination until the date vacant possession is given to the appellant. 7. Within 60 days of the date for possession of the premises specified in these orders the appellant may request a relisting of the application before the Consumer and Commercial Division of the Tribunal to determine the amount of the occupation fee owing. Catchwords: ADMINISTRATIVE LAW - particular administrative bodies - NSW Civil and Administrative Tribunal – exercising jurisdiction – requirement to determine a live issue before the Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 41, 81(1) Residential Tenancies Act 2010 (NSW), s 83(2) Residential Tenancies Regulation 2019 (NSW), reg 39(2) Civil and Administrative Tribunal Rules 2014 (NSW), r 6(2) Cases Cited: Khan v Kang [2014] NSWCATAP 48 Panegyres v Medical Board of Australia [2020] WASCA 58 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Texts Cited: Nil Category: Principal judgment Parties: Henrik Dux (Appellant) Emily Medina (First Respondent) Giovanni Mellios (Second Respondent) Representation: K Neuschwanger (Agent) (Appellant) C Brown, Illawarra and South Coast Tenants Advice and Advocacy Service (First and Second Respondent) File Number(s): 2023/00058502 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 14 February 2023 Before: D Barnetson, General Member File Number(s): RT 23/02854