Balachandren v Wu [2015] NSWCATAP 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Balachandren v Wu [2015] NSWCATAP 1 Hearing dates: Not Applicable. Appeal determined on the papers Date of orders: 14 January 2015 Decision date: 14 January 2015 Jurisdiction: Appeal Panel Before: D Patten, Principal Member R C Titterton, Principal Member Decision: Extension of time in which to commence the appeal granted Leave to appeal refused Appeal dismissed Stay of orders lifted Catchwords: Appeal - Civil and Administrative Tribunal (NSW) Legislation Cited: Civil and Administrative Tribunal Act NSW (2013) Category: Principal judgment Parties: Rajayogan Balachandren (Appellant) Ray Wu (Respondent) File Number(s): AP 14/50492 Decision under appeal Court or tribunal: Civil and Administrative Division Jurisdiction: Consumer and Commercial Division Citation: 17 September 2014 Date of Decision: RT 14/44670 Before: C Xuereb File Number(s): RT 14/44670

reasons for decision

Introduction 1. In this matter the appellant seeks to appeal from a decision of the Consumer and Commercial Division of the Tribunal (the Tribunal) of 17 September 2014. 2. The appellant was the tenant of residential premises at Auburn. On 17 September 2014 the Tribunal terminated the residential tenancy agreement due to the appellant's failure to pay rent in accordance with that agreement. In addition the Tribunal also ordered the appellant to pay rental and water arrears in the total amount of $2,019.59 before 1 October 2014, and to pay a daily occupation fee until such time that vacant possession of the premises was given to the respondent landlord. 3. The orders of the Tribunal terminating the residential tenancy agreement, directing possession of the premises to be given to the respondent on the date of termination and suspending the order for possession were subsequently stayed until the hearing of this appeal. 4. This is a matter in which the appellant has filed his appeal out of time, and requires the Appeal Panel to extend the time for the making of the appeal; the appeal was filed on 16 October 2014, while the decision appealed from was made on 17 September 2014. Unless the Tribunal grains an extension of time under s.41 of the Civil and Administrative Tribunal Act 2013 (the Act), appeals in respect of residential proceedings must be lodged within 14 days from the day on which the appellant was notified of the decision to be appealed or given reasons for the decision (whichever is the later): see regulation 25(4)(c) of the Civil and Administrative Tribunal Rules 2014. 5. As the respondent has stated in her reply that she does not object to the Appeal Panel extending the time for the lodging of the appeal, the time to do so is extended to 16 October 2014. 6. As we explain below, no question of law is involved in this appeal, therefore the appellant requires the leave of Appeal Panel for the appeal to proceed. For the reasons which follow, leave to appeal is refused, and the appeal is dismissed.