Hagh v Kong [2014] NSWCATAP 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hagh v Kong [2014] NSWCATAP 47 Hearing dates: 26 August 2014 Decision date: 11 September 2014 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member J Smith, Senior Member Decision: 1Leave is granted to appeal from the decision of Member Holles of 14 May 2014. 2The appeal is dismissed. 3The Orders made by the Tribunal on 14 May 2014 are set aside. 4The Residential Tenancy Agreement is terminated and possession is given to the landlord on 10 September 2014. 5The tenant shall pay the landlord a daily occupation fee at the rate $107.13 per day from 13 May 2014 until the date vacant possession is given to the landlord. 6Within 60 days of the date of possession of the premises specified in these orders the landlord may relist the relisting of the application to determine the amount of the occupation fee owing. 7Any earlier stays of orders are vacated. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - whether medical certificate adequate to explain nonappearance - adequacy of reasons - question of law - appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Strata Schemes Management Act 1996 (NSW) Cases Cited: AHB v NSW Trustee and Guardian [2014] NSWCA 40 Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Ryan Hagh (Appellant) Christopher Ting Kong (Respondent) File Number(s): AP 14/ 0103 Decision under appeal Date of Decision: 2014-05-14 00:00:00 Before: F Holles, General Member File Number(s): RT 14/22630