Zhu v Elrem Property No 2 Pty Limited [2024] NSWCATAP 214

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zhu v Elrem Property No 2 Pty Limited [2024] NSWCATAP 214 Hearing dates: 16 October 2024 Date of orders: 31 October 2024 Decision date: 31 October 2024 Jurisdiction: Appeal Panel Before: S de Jersey, Principal Member E Bishop SC, Senior Member Decision: (1) Leave to appeal is granted. (2) The appeal is allowed in part. (3) Order 2 dated 15 August 2024 is varied as follows – the amount of $4719.29 is varied to $2714.29. (4) Any costs application to be filed and served within 14 days of these orders. (5) Any response to the costs application to be filed and served within 28 days of these orders. The tenant has also sought costs of the appeal, and we make directions for costs. The parties are to note that costs are governed by s 60 of the NCAT Act which provides that each party should pay its own costs unless there are special circumstances. Catchwords: LEASES AND TENANCIES — rent arrears — misrepresentation — rent waiver 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 Cominos v Di Rico [2016] NSWCATAP 5 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Texts Cited: None Cited Category: Principal judgment Parties: Appellant: Wei Zhu Respondent: Elrem Property No 2 Pty Limited ATF The Elrem Property Trust No 2 Representation: Appellant (self-represented) Respondent Ms P Fox (Property manager) File Number(s): 2024/00307060 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 15 August 2024 Before: J Levingston, General Member File Number(s): 2024/00135035