Mitchell v Gong [2024] NSWCATAP 219

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mitchell v Gong [2024] NSWCATAP 219 Hearing dates: 29 October 2024 Date of orders: 29 October 2024 Decision date: 01 November 2024 Jurisdiction: Appeal Panel Before: G Blake AM SC, Principal Member Decision: (1) In respect of the decision made on 04 September 2024 in matter number 2024/00305574 the operation of order 3 is stayed and the order for possession is suspended until 5:00 PM on 08 November 2024 or finalisation of the appeal, whichever is the earlier in time. The preceding order is conditional upon Reama Mitchell (APPELLANT): Paying the arrears of rent which includes any occupation fee outstanding as at 30 October 2024 to Yongwei Gong (RESPONDENT) on or before 4pm on 01 November 2024, and after that date, paying the occupation fee outstanding on a weekly basis from the date of this order, pending determination of the appeal. NOTE: Yongwei Gong (RESPONDENT) is free at any time to make an application for the stay granted by these orders to be lifted, if a condition is not complied with or if there are any other sufficient grounds for doing so. (2) The Appeal is listed for a Call Over and Hearing of the Application for a Stay on 08 November 2024 at 2:15 PM. A separate written notice of the Call Over and Hearing of the Application for a Stay will be sent to the parties. (3) On or before 04 November 2024 Reama Mitchell (APPELLANT) is to lodge with the Appeal Registry and give to the other party any evidence and submissions in support of the Application for a Stay by email. (4) On or before 07 November 2024 Yongwei Gong (RESPONDENT) is to lodge with the Appeal Registry and give to the other party any evidence and submissions in opposition to the Application for a Stay by email. Catchwords: APPEALS – Ex parte application for stay – principles - hardship – short stay granted LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Recovery of possession of premises Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 43 Residential Tenancies Act 2010 (NSW), s 121 Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 GE Personal Finance Pty Limited v Smith [2006] NSWSC 889; (2006) NSW ConvR 56-164 Qasim v PF 473 Pty Ltd [2024] NSWCA 248 Secure Funding Pty Ltd v Earley [2013] NSWSC 1368 Texts Cited: None cited Category: Procedural rulings Parties: Reama Mitchell (Appellant) Yongwei Gong (Respondent) Representation: Appellant (self-represented) File Number(s): 2024/00401083 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 04 September 2024 Before: G Kinsey, General Member File Number(s): 2024/00305574