Quader v Bell [2016] NSWSC 623

Supreme Court New South Wales

Medium Neutral Citation: Quader v Bell [2016] NSWSC 623 Hearing dates: 12 May 2016 Date of orders: 12 May 2016 Decision date: 12 May 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse leave to appeal under s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW) Catchwords: LANDLORD AND TENANT – application for leave to appeal decision of Appeal Panel of Civil and Administrative Tribunal (NCAT) – application to stay termination of tenancy and order for possession pending appeal of decision of NCAT – periodic tenancy terminated under s 85 Residential Tenancies Act 2010 (NSW) – Appeal Panel refused stay notwithstanding substantive appeal yet to be determined – within discretion of Appeal Panel – no question of law identified – leave to appeal refused Legislation Cited: Civil Administrative Tribunal Act 2013 (NSW), ss 32, 62, 80, 82, 83 Residential Tenancies Act 2010 (NSW), ss 81, 83, 85, 115 Residential Tenancies Regulation 2010 (NSW), r 22, cl 22(5) Supreme Court Act 1970 (NSW), s 69 Category: Principal judgment Parties: Wael Quader (Plaintiff) Elaine Bell (Defendant) Representation: Counsel: L Ash (Solicitor) (Plaintiff) D Stojanovski (Real Estate Agent by leave) (Defendant)

Solicitors: Legal Aid NSW (Plaintiff) File Number(s): 2016/143724

Judgment

Introduction 1. Wael Quader, the plaintiff, seeks a stay of a termination order and order for possession granted by Member Kinsey, in the Civil and Administrative Tribunal (NCAT). The effect of the order is that his tenancy of his residence in an apartment in De Witt Street, Blacktown (the Premises), which is owned by Elaine Bell, the defendant, is at an end and he is obliged to vacate. He lodged an appeal from the Member's decision to the Appeal Panel of NCAT and applied to the Appeal Panel for a stay of the orders pending determination of his appeal, which is listed for hearing on 6 June 2016. 2. On 21 April 2016 the Appeal Panel refused the stay. Mr Quader is, accordingly, required to vacate the Premises by 13 May 2016, unless he obtains a stay of the termination order from this Court. 3. I heard the matter in the Duty List on 12 May 2016. At the conclusion of the hearing I refused leave to appeal. The effect is that Mr Quader is required to vacate the Premises on 13 May 2016. My reasons for refusing leave to appeal follow.