Moodini v Free [2023] NSWCATAP 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moodini v Free [2023] NSWCATAP 176 Hearing dates: 28 June 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member C Mulvey, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. 3. The Stay order made on 3 May 2023 is lifted. 4. Each party is to bear their own costs of the appeal. Catchwords: APPEAL – No question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) - ss 60, 80, 81, Sch 4 cl 12(1) Civil and Administrative Tribunal Rules 2014 (NSW) - rr 25, 38A Residential Tenancies Act 2010 (NSW) - s 26 Residential Tenancies Regulation 2019 (NSW) - s 8 Strata Schemes Management Act 2015 (NSW) - s 106 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 House v The King [1936] HCA 40; 55 CLR 499 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 The University of Wollongong v Metwally [1985] HCA 28 Texts Cited: None cited Category: Principal judgment Parties: Zeu Moodini (Appellant) Vicki Free (Respondent) Representation: Appellant – Self-represented Respondent – P Tassone File Number(s): 2023/000120217 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2023] NSWCATCD Date of Decision: 05 April 2023 Before: M Tibbey, Senior Member File Number(s): RT 22/54538, RT 22/56806