Qin v Billings [2015] NSWCATAP 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Qin v Billings [2015] NSWCATAP 105 Hearing dates: 27 March 2015 Date of orders: 04 June 2015 Decision date: 04 June 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President K Rosser, Senior Member Decision: 1. The time for the lodgement of the appeal is extended to 24 December 2014.

2. Leave is granted for Mr Qin to appeal on grounds other than a question of law.

3. The order of the Tribunal made on 9 October 2014 to join Xin and Qin Pty Ltd as a respondent to the application is set aside.

4. The order of the Tribunal made on 9 October 2014 that Mr Qin and Xin and Qin Pty Ltd pay Mr Billings and Mr Mendoza a total of $8,900 is set aside. In substitution for that order, the following orders are made:

a) Within 14 days of the date of this decision Mr Billings and Mr Mendoza are to pay Xin and Qin Pty Ltd a total of $3902.40. b) Within 21 days of the date of this decision Mr Qin is to pay Mr Billings and Mr Mendoza a total of $4,700.

5. Mr Qin's application for costs is refused. Catchwords: INTERNAL APPEAL – application for orders pursuant to the Boarding Houses Act 2012 (NSW) for the refund of monies paid to a boarding house operator for a security deposit, occupancy fee and compensation – company wrongly joined as a respondent – significant error of fact made in relation to amount of security deposit paid – appeal allowed Legislation Cited: Boarding Houses Act 2012 (NSW), ss 3, 32, Schedule 1, Civil and Administrative Tribunal Act 2013 (NSW), ss 41, 80(2)(b), 60 Civil and Administrative Tribunal Rules 2014 (NSW), r 25(4)(b), 29(b) Interpretation Act 1987 (NSW), s 76(1)(b) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Michael Wilson & Partners Limited v Nicholls [2011] HCA 48; (2011) 244 CLR 427 Texts Cited: Nil Category: Principal judgment Parties: Z Qin (1st Appellant) Qin and Xin Pty Ltd (2nd Appellant) D Billings (1st Respondent) M Mendoza (2nd Respondent) Representation: B Lewis, solicitor (Appellant) 1st Respondent (self-represented) 2nd Respondent (no appearance) File Number(s): AP 14/61261 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Before: F. Holles File Number(s): Gen 14/46861