Raslan v Pan [2015] NSWCATAP 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Raslan v Pan [2015] NSWCATAP 12 Hearing dates: 20 October 2014 Date of orders: 09 January 2015 Decision date: 09 January 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Dr J Lucy, Senior Member Decision: The Appeal Panel makes the following orders: (1)The application for leave to appeal is dismissed; (2)The appeal is otherwise dismissed; (3)The stay granted on 4 July 2014 by the Appeal Panel of order 2 made in application RT 14/14908 is lifted; (4)The orders made by the Tribunal on 11 June 2014 remain in full force and effect Catchwords: APPEAL - Civil and Administrative Tribunal (NSW) - Residential Tenancies – Appeal against orders dismissing application for order that rent increase is excessive - Alleged denial of procedural fairness – Lack of opportunity to cross examine witness – Lack of opportunity to read and respond to documentary evidence produced at hearing - Whether practical injustice - Tribunal's failure to consider extending time for late application for order that rent increase is excessive Legislation Cited: Residential Tenancies Act 2010 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Cheung v Yang [2013] NSWSC 1694 Gallo v Duflou [2014] NSWCATAP 115 Re Minister for Immigration and Multicultural and Indigenous Affairs: Ex Parte Lam (2003) 214 CLR 1 Category: Principal judgment Parties: Sam Raslan (First Appellant) Angela Tsolakis (Second Appellant) Peter Tsolakis (Third Appellant) Jane Pan (First Respondent) Yin Pan (Second Respondent) Representation: Solicitors: A Tsolakis (Second Appellant), in person (for the Appellants) K Wiltshire (Agent for First and Second Respondents) File Number(s): AP 14/46445 (AP14/0267) Decision under appeal Court or tribunal: NSW Civil and Administrative TribunalConsumer and Commercial Division Citation: Not applicable Date of Decision: 11 June 2014 Before: P Boyce, Senior Member