McWilliam v Chee [2024] NSWCATAP 245

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McWilliam v Chee [2024] NSWCATAP 245 Hearing dates: 27 March, 13 August 2024 Date of orders: 03 December 2024 Decision date: 03 December 2024 Jurisdiction: Appeal Panel Before: E Bishop SC, Senior Member G Burton SC, Senior Member Decision: (1) The appeal is dismissed. (2) The order made on 1 February 2024 for suspension of the operation of the order for possession made on 30 January 2024 in matter number 2024/00013238 is discharged. (3) In place of the suspension in order 2, order that vacant possession of the premises at 4/187 Edwin Street, Croydon is to be given by the tenants on or before 28 days after the date of this decision. Catchwords: APPEALS — Procedural fairness — Evidence not allowed and considered by Tribunal at hearing — Tenants' failure to file evidence by the dates directed by the Tribunal — Alleged retaliatory eviction — s 115 of the Residential Tenancies Act 2010 (NSW) — Whether Tribunal applied a wrong principle to the onus of proof by requiring expert evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2), cl 12(1) of Sch 4 Residential Tenancies Act 2010 (NSW), ss 85, 115 Cases Cited: Batshon v Sutton Motors Homebush Pty Limited [2024] NSWCATAP 114 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Hughes v Hume Community Housing Association Co Ltd [2023] NSWCATAP 109 Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 Orr v Hunter Quarries Pty Ltd [2022] NSWCCA 39 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Selkirk v The Owners – Strata Plan No 2661 [2024] NSWCATAP 17 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan & Naylor Paramatta Trust [2020] NSWCA 62 Category: Principal judgment Parties: Jeong McWilliam (First Appellant) Yvette Nillesen (Second Appellant) Austin Kwong Chee (First Respondent) Lyndy Ying Yan (Second Respondent) Representation: First Appellant (Self-Represented) Second Appellant (Self-Represented)