Gurisik v Gurisik [2017] NSWCATAP 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gurisik v Gurisik [2017] NSWCATAP 78 Hearing dates: 09 November 2016 Date of orders: 04 April 2017 Decision date: 04 April 2017 Jurisdiction: Appeal Panel Before: A Britton, Principal Member D Robertson, Senior Member Decision: 1. Leave to appeal refused 2. Appeal dismissed Catchwords: WORDS AND PHRASES — meaning of "residential tenancy agreement"

STATUTORY INTERPRETATION — whether the Residential Tenancies Act 1987 (NSW) is relevant in determining whether an agreement is a "residential tenancy agreement" under the Residential Tenancies Act 2010 (NSW)

PROCEDURAL FAIRNESS — whether a failure to invite a party to file material in reply constitutes a denial of procedural fairness — Tribunal's power to determine its own procedure Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 1987 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Hudson v Arap 1 (NSW) (2015) 90 NSWLR 477; [2015] NSWCA 126 Category: Principal judgment Parties: Mehmet Ugar Gurisik (Appellant) Ahmet Tunc Gurisik (First Respondent) Sermet Salih Gurisik (Second Respondent) Representation: Counsel: M Klooster (First and Second Respondent)

Solicitors: D Russo(Appellant) File Number(s): AP 16/37659 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 29 July 2016 Before: L Wilson, Senior Member File Number(s): RT 15/54875