Sethi v Cho [2023] NSWCATAP 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sethi v Cho [2023] NSWCATAP 179 Hearing dates: 9 May 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member G Burton SC, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed except for varying the date in order 3 made on 1 March 2023 to the date which is four weeks after publication of these orders and adding the following orders: 4. From the date of final orders in appeal 2023/00085892 until vacant possession is given, Akhil Sethi shall pay to Joe Cho an occupation fee at a rate per day being one-fourteenth of the fortnightly rental at the date of termination. 5. The proceedings may be re-listed before the Tribunal in the Consumer and Commercial Division at any time within 90 days after the date of final orders in appeal 2023/00085892 for orders for calculation and payment of the occupation fee. 3. Note that the stay granted on 24 March 2023 is lifted by virtue of these orders on the date of these orders. Catchwords: LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) ss 85, 115 – no grounds termination – alleged retaliatory eviction – no error of law or fact Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Akhil Sethi (Appellant) Joe Cho (Respondent) Representation: Appellant (Self-represented) B Luo (Agent) (Respondent) File Number(s): 2023/00085892 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal NSW Jurisdiction: Consumer and Commercial Division Date of Decision: 1 March 2023 Before: G Ellis SC, Senior Member File Number(s): RT 22/56559, RT 23/03109