El-Mohamad v Lin [2024] NSWCATAP 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: El-Mohamad v Lin [2024] NSWCATAP 139 Hearing dates: 19 June 2024 Date of orders: 19 July 2024 Decision date: 19 July 2024 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Ziegler, Senior Member Decision: (1) Appeal allowed in part. (2) Order 1 made by the Tribunal on 8 April 2023 in 2023/00371801 is set aside and in substitution thereof the following order is made: YC Lin and H Xiao are to pay the applicant, Irini El-Mohamad, the sum of $8,982.25 within 14 days of the date of publication of these orders. (3) The appeal is otherwise dismissed. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — application for compensation and for order that rent excessive. APPEALS — whether Tribunal erred in the exercise of its discretion — whether Tribunal asked itself the wrong question or identified the wrong issue — whether Tribunal applied the wrong test — whether Tribunal failed to exercise jurisdiction — whether decision against the weight of evidence — decision of Tribunal substituted with decision of Appeal Panel. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Advance Fitness Corporation Pty Ltd v Bondi Diggers Memorial & Sporting Club Ltd [1999] NSWSC 264 Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244; 61 MVR 443 Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd [2019] NSWCA 61 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Gamester Pty Ltd v Lockhart (1993) 112 ALR 623 Hadley v Baxendale (1854) 9 Exch 341 House v The King [1936] HCA 40; (1936) 55 CLR 499 Makowska v St George Community Housing Ltd [2021] NSWSC 287 New South Wales Housing Corporation v Orr [2019] NSWCA 231 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 University of New South Wales v McGuirk (No 1) (GD) [2005] NSWADTAP 65 Yong v Antworks Pty Ltd [2016] NSWCATAP 14 Category: Principal judgment Parties: Irini El-Mohamad (Appellant) Yu Cong Lin (First Respondent) H Xiao (Second Respondent) Representation: Appellant (self-represented) N Yu (Respondent) File Number(s): 2024/00152440 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 8 April 2024 Before: S A McDonald, Senior Member File Number(s): 2023/00371801