Kwok v Tahiri [2015] NSWCATAP 244

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kwok v Tahiri [2015] NSWCATAP 244 Hearing dates: 10 August 2015 Date of orders: 16 November 2015 Decision date: 16 November 2015 Jurisdiction: Appeal Panel Before: A Britton, Principal Member T Simon, Senior Member Decision: 1. The application for an extension of time in which to appeal is refused. 2. The appeal is dismissed. 3. The stay of the operation of the decision under appeal is lifted 4. Orders 2 and 3 of the decision under appeal are set aside and in substitution we order: The Registrar is directed to immediately pay to the respondents the sum of $11,200 deposited with NCAT by the appellant, pursuant to the order of the Appeal Panel made on 5 June 2015. 5. The respondents' application for costs is dismissed. Catchwords: APPEAL –– practice and procedure –– Civil and Administrative Tribunal (NSW) –– application for extension of time in which to appeal –– whether adequate explanation for delay in filing notice of appeal has been provided;

LANDLORD AND TENANT –– termination of tenancy agreement –– factors relevant to issue of declaration under s 111(2) of Residential Tenancies Act 2010 –– nature of landlord's obligation under s 63 of Residential Tenancies Act 2010 to maintain premises in a "reasonable state of repair";

COSTS –– whether parties' opinion that they needed legal representation constitutes "special circumstances" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54; 174 CLR 64 Hamilton-Clarke v Lazanas (Tenancy) [2013] NSWCTTT 516 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Northern Sandblasting Pty Ltd v Harris [1997] HCA 39; (1997) 188 CLR 313 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Category: Principal judgment Parties: Luke Kwok (appellant) Khalid and Melanie Tahiri (respondents) Representation: In person (appellant) T Kane, counsel (respondents) File Number(s): AP 15/31332 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 30 March 2015 Before: J Levingston, General Member File Number(s): RT 15/15021; RT 15/13490