Kamalesvaran v Ng [2024] NSWCATAP 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kamalesvaran v Ng [2024] NSWCATAP 163 Hearing dates: 13 August 2024 Date of orders: 22 August 2024 Decision date: 22 August 2024 Jurisdiction: Appeal Panel Before: K Ransome, Principal Member D Robertson, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The stay order made on 9 July 2024 in matter 2024/00154894 is lifted. (4) Possession of the premises is to be given to the landlords 21 days from the date of publication of the orders in this appeal. Catchwords: APPEAL – landlord and tenant – whether termination notice retaliatory – whether denial of procedural fairness – whether relevant considerations not taken into account Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 Cases Cited: Boreland v Brewis [2024] NSWCATAP 140 Bowers v Karai [2021] NSWCATAP 316 Collins v Urban [2014] NSWCATAP 17 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: Nil Category: Principal judgment Parties: Rajan Kamalesvaran (Appellant) Keith Ng & Kit Ling Catherine Ng (Respondents) Representation: Appellant (self represented) Pudasaini B (Agent) (Respondent) File Number(s): 2024/00154894 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 25 March 2024 Before: D Goldstein, Senior Member File Number(s): 2024/00038454