Abdel-Messih v Mao [2016] NSWCATAP 223

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abdel-Messih v Mao [2016] NSWCATAP 223 Hearing dates: 25 July 2016 and 17 August 2016 Date of orders: 07 October 2016 Decision date: 07 October 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member D Robertson, Senior Member Decision: The appeal is dismissed and, to the extent relevant, leave to appeal is refused. Catchwords: Quiet enjoyment- circumstances where landlord liable for third party actions. Orders restraining breach or requiring performance of residential tenancy agreement- discretion, no utility of orders. Strata scheme- liability of landlord for actions of building manager appointed by owners corporation. Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act, 2010 Strata Schemes Management Act, 1996 Cases Cited: AF Textile Printers Pty Ltd v Thalut Nominees Pty Ltd & Ors [2007] VSC 73, 17 VR 334 Collins v Urban [2014] NSWCATAP 17 Martins Camera Corner Pty Ltd v Hotel Mayfair Ltd [1976] 2 NSWLR 15 Reiss & Anor v Helson & 2 Ors [2001] NSWSC 486 Category: Principal judgment Parties: Bishoy Abdel-Messih (Appellant) Jin Tao Mao (Respondent) Representation: Counsel: Not applicable

Appellant (in person) D Tam (Agent for Respondent) File Number(s): AP 16/20721 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 28 April 2016 Before: D Charles, General Member File Number(s): RT 16/13066