Quader v Nguyen [2023] NSWSC 815

Supreme Court New South Wales

Medium Neutral Citation: Quader v Nguyen [2023] NSWSC 815 Hearing dates: 7 and 10 July 2023 Date of orders: 10 July 2023 Decision date: 10 July 2023 Jurisdiction: Common Law Before: Fagan J Decision: (1) The summons is dismissed. (2) The notices of motion filed by the plaintiff on 2 June 2023 and 3 July 2023 and by the defendant on 14 June 2023 are dismissed. (3) The plaintiff is to pay the costs of the defendant of the entire proceedings. (4) The costs payable by the plaintiff to the defendant are to be assessed in a gross sum pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW). (5) The orders entered by consent on 27 April 2023 are set aside. (6) Direct that by 5pm on Wednesday, 19 July 2023, the plaintiff deliver to my chambers by email to the Associate any affidavit or submissions that he wishes to make or place before the Court to dispute the quantum of the costs claimed by the defendant. Catchwords: APPEALS — right of appeal — who may exercise — where plaintiff seeks leave to appeal against decision of NCAT Appeal Panel pursuant to s 83 of the Civil and Administrative Tribunal Act 2013 (NSW) – where plaintiff was not a party to the NCAT proceedings – proceedings incompetent due to an absence of standing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW). Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 Civil Procedure Act 2005 (NSW) Category: Principal judgment Parties: Wael Anis Quader (plaintiff) Xuan Truong Nguyen (defendant) Representation: Counsel: Ms L. Chan & Ms Meares (defendant) Mr W. Quader (self-represented)