Kozak v Godfrey [2024] NSWCATAP 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kozak v Godfrey [2024] NSWCATAP 26 Hearing dates: 29 January 2024 Date of orders: 21 February 2024 Decision date: 21 February 2024 Jurisdiction: Appeal Panel Before: Coleman SC ADCJ, Principal Member L Wilson, Senior Member Decision: 1. Leave to extend time to appeal is refused. 2. Leave to appeal is refused. 3. The appeal is dismissed. 4. Pursuant to s.188 of the Residential Tenancies Act the Appeal Panel varies the orders of the Tribunal made on 29 August 2023 in RT23/36948 to be: (a) The Residential Tenancy Agreement is terminated on 21 February 2024 and possession is to be given to the landlord on the date of termination. (b) The tenant shall pay the landlord a daily occupation fee at the rate of $78.57 per day from the day after the date of termination, namely 21 February 2024, until the date vacant possession is given to the landlord. Catchwords: APPEAL- whether appellant demonstrates error on question of law- whether leave to appeal should be granted- whether time to appeal should be extended 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 Gallo v Dawson (1990) 93 ALR 479; (1990) 64 ALJR 458; [1990] HCA 3 Pholi v Wearne [2014] NSWCATAP 78 Ros v Commissioner of Police [2020] NSWCATAP 70 Prendergast v Western Murray Irrigation Pty Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Christopher Kozak (Appellant) James Godfrey (Respondent) Representation: Appellant (Self-Represented) Tanya Gilbert (Agent) (Respondent) File Number(s): 2023/00448016 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: N/A Date of Decision: 29 August 2023 Before: K George, General Member File Number(s): RT 23/36948