Mustaq v Mir Bros Enterprises Pty Ltd [2014] NSWCATAP 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mustaq v Mir Bros Enterprises Pty Ltd [2014] NSWCATAP 86 Hearing dates: On the papers Decision date: 18 November 2014 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Patten, Principal Member Decision: 1. Leave to file notice of appeal up to and including 30 April 2014. 2. Leave to appeal on the merits granted. 3. Appeal upheld and order made by the Tribunal below quashed. 4. Pursuant to s81 (i) (e) of the NSW Civil and Administrative Tribunal Act order that the case be reconsidered by the Tribunal below upon such evidence as it sees fit to allow. Catchwords: Hearing date-failure to notify Appellants - Appellants overseas Miscarriage of justice Legislation Cited: NSW Civil and Administrative Tribunal Act Category: Principal judgment Parties: Usman Mushtaq and Muhammad Arshad Shadab (Appellant) Bir Bros Enterprises Pty ltd ATF the Samuel Mir Trust File Number(s): AP 14/46356 (AP 14/0079) Decision under appeal Jurisdiction: 150003 Date of Decision: 2013-03-13 00:00:00 Before: G Kinsey File Number(s): RT 14/11070

reasons for decision 1In light of the material which appears hereafter we are of the opinion that this appeal should be determined on the paper and we order accordingly. 2This is an appeal against an order made by the Tribunal below on 13 March 2014 in these terms: (1)The tenant, Usman Mushtaq & Muhammad ArshadShadab also known as Muhammad Shadab Arshad, 10/2 Rosemont Street PUNCHBOWL NSW 2196 Australia, is to pay the landlord, MIR BROS ENTERPRISES PTY LTD ATF THE SAMUEL MIR TRUST, PO BOX 114 BANKSTOWN NSW 1885 Australia, the sum of $2,734.47 immediately.