Abdel-Messih v Dai [2017] NSWCATAP 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abdel-Messih v Dai [2017] NSWCATAP 20 Hearing dates: 23 January 2017 Date of orders: 01 February 2017 Decision date: 01 February 2017 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Fairlie, Senior Member Decision: (1) The appeal is adjourned part-heard and will be listed for directions by the Registry after 28 days for the appointment of a further hearing date; (2) Within 14 days from 23 January 2017, the respondent will file with the Tribunal and serve on the appellant his evidence and submissions in support of his argument that the respondent has reached an agreement with the appellant about all aspects of the appeal (other than the claim concerning the submission of the appellant to be able to enter into subtenancies); (3) Within 14 days after the period identified in order 2 above, the appellant is to file and serve his evidence and submissions in reply to those provided by the respondent; and (4) The Appeal Panel reserves its decision concerning the subtenancy issue but has indicated to the parties that the Appeal Panel proposes to find that in respect of those issues the appeal should be dismissed. Catchwords: Subtenancies under the Residential Tenancies Act Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act, 2010 Category: Principal judgment Parties: Bishoy Abdel-Messih (Appellant) Xiao Dong Dai (Respondent) Representation: Ms Sarah Morris (real estate agent for Respondent) File Number(s): AP 16/47125 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 10 October 2016 Before: D Charles, General Member File Number(s): RT 16/25202