Pan v Shanehsazzadeh [2024] NSWCATAP 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pan v Shanehsazzadeh [2024] NSWCATAP 23 Hearing dates: 6 December 2023 Date of orders: 19 February 2024 Decision date: 19 February 2024 Jurisdiction: Appeal Panel Before: G Sarginson, Senior Member P H Molony, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is otherwise dismissed. Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – Notice of rent increase – Whether validly served prior to renewal of lease – Leave to appeal – Significant new evidence not reasonably available – No grounds for leave established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Pholi v Wearne [2014] NSWCATAP 78 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Semaan v McIIroy; McIIroy v Semaan [2017] NSWCATAP 146 Sengos v Hassan [2022] NSWCATAP 366 Sun v Zhang [2023] NSWCATAP 333 Whear v Kids on Hayes Street Pty Ltd [2021] NSWCATAP 123 Texts Cited: None cited Category: Principal judgment Parties: Lin Pan (Appellant) Saeed Shanehsazzadeah (Respondent) Representation: N Qin (JIF Realty Pty Ltd) (Agent) (Appellant) Respondent (Self-Represented) File Number(s): 2023/00308033 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 20 September 2023 Before: S De Jersey, General Member File Number(s): RT 23/21603