Abdel-Messih v Azzi [2017] NSWCATAP 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abdel-Messih v Azzi [2017] NSWCATAP 56 Hearing dates: 9 November 201621 November 2016 (final submissions) Date of orders: 13 March 2017 Decision date: 13 March 2017 Jurisdiction: Appeal Panel Before: A Britton, Principal Member D Robertson, Senior Member Decision: 1. Leave to appeal refused 2. Appeal dismissed Catchwords: LEASES – Residential Tenancies Act – landlord's obligation to repair – no obligation to improve facilities or supply facilities not present at commencement of lease – landlord's covenant for quiet enjoyment – not breached by head lessor informing sub-tenants, accurately, that notice of termination had been served on head-tenant

PRACTICE AND PROCDURE - — whether Appeal Panel obliged to consider submissions filed after hearing without leave

PRACTICE AND PROCEDURE — legal practitioner acting as McKenzie friend Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: AF Textile Printers Pty Ltd v Thalut Nominees Pty Ltd [2007] VSC 73 Bale v Mills [2011] NSWCA 226; 81 NSWLR 498 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318 Martins Camera Corner Pty Ltd v Hotel Mayfair Pty Ltd [1976] 2 NSWLR 15 McKenzie v McKenzie [1970] 3 All ER 1034 NT Power Generation Pty Ltd v Power and Water Authority (2004) 219 CLR 90 Prendergast v Western Murray Irrigation [2014] NSWCATAP 69 at [13] Texts Cited: Halsbury's Laws of England, 3rd ed, Vol 23 Category: Principal judgment Parties: Bishoy Abdel-Messih (Applicant) Tony Azzi (Respondent) Representation: Solicitors: In Person (Appellant) J Fung (Respondent) File Number(s): AP 16/43780 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 22 September 2016 Before: D Charles, Senior Member File Number(s): RT 16/33965