Shariful v Freitas [2023] NSWCATAP 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shariful v Freitas [2023] NSWCATAP 191 Hearing dates: 5 July 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Charles, Senior Member Decision: 1. The appellant is granted an extension of time until 5 May 2023 in which to lodge his appeal. 2. Leave to appeal is refused. 3. The appeal is dismissed. 4. The stay order made on 19 May 2023 (Order 7) is lifted. Catchwords: LEASES AND TENANCIES - residential tenancy -unlawful termination by landlord before tenants took possession-award of damages for inconvenience, distress and disappointment-challenge to size of the award. APPEALS - no question of law-size of the award involved an evaluative conclusion in respect of which a range was permissible-size of the award was not manifestly excessive- short extension of time to lodge appeal granted - leave to appeal refused. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Hadley v Baxendale (1854) 9 Exch 341; 156 ER 145 House v The King [1936] HCA 40; (1936) 55 CLR 499 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 92 ALJR 713 Moore v Scenic Tours Pty Ltd (2020) 268 CLR 326; [2020] HCA 17 Scenic Tours Pty Ltd v Moore [2023] NSWCA 74 Singer v Berghouse (1994) 181 CLR 201 Torpey v Stewart [2021] NSWCATAP 21 Category: Principal judgment Parties: Neon Shariful (Appellant) Majilly and Samuel Freitas (Respondents) Representation: Appellant (self-represented) Respondent (self-represented) File Number(s): 2023/00144346 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 19 April 2023 Before: P French, Senior Member File Number(s): RT 22/39092