Basha v Rathsam [2016] NSWCATAP 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Basha v Rathsam [2016] NSWCATAP 204 Hearing dates: 21 July 2016 Date of orders: 09 September 2016 Decision date: 09 September 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member T Simon, Senior Member Decision: (1) The appeal is dismissed. (2) The stay made on 14 June 2016 is lifted. (3) Order 4 made 6 May 2016 in application RT 16/07816 is varied to read as follows: 4. The order for possession is suspended until 21 days after the publication of the Appeal Panel's reasons for decision and orders in appeal AP 16/25698. Catchwords: RESIDENTIAL TENANCY - Denial of procedural fairness- application to extend time to lodge termination application, exercise of discretion, termination of periodic tenancy. Representation- no objection to landlord's agent raised Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 Cases Cited: Basha v Rathsam [2016] NSWCATAP 35 Coulton v Holcombe (1986) 162 CLR 1 House v The King [1936] HCA 40 (1936) 55 CLR 499 Hudson v Arap 1 (NSW) Pty Ltd [2014] NSWCATAP 61 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Category: Principal judgment Parties: Tanya Basha (Appellant) Leander Rathsam and Van Huan (Respondents) Representation: Appellant in person Michael Ha (Agent for the respondents) File Number(s): AP 16/25698 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 18 May 2016 Before: P Boyce, Senior Member File Number(s): RT 16/07816