Khanna v Baweja [2017] NSWCATAP 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khanna v Baweja [2017] NSWCATAP 107 Hearing dates: 3 April 2017 Date of orders: 17 May 2017 Decision date: 17 May 2017 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member R Titterton, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. 3. The stay granted on 2 March 2017 is lifted. 4. Order 15 made on 1 February 2017 is varied such that the order for possession is suspended until 14 days after the date of these reasons. 5. The orders made on 1 February 2017 are otherwise confirmed. Catchwords: APPEAL: Residential tenancies – parties to residential tenancy agreement – residential premises – termination of residential tenancy agreement – excessive rent – claim for compensation – whether error on question of law – whether leave to appeal should be granted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Category: Principal judgment Parties: Geeta Khanna and Sanjeev Khanna (Appellants) Jaskeerat Baweja (Respondent) Representation: S Khanna (Appellant) P Hase, (Agent for Respondent) File Number(s): AP 17/07557 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2017] NSWCATCD 8 Date of Decision: 1 February 2017 Before: P French, General Member File Number(s): RT 16/25681 RT 16/33565 RT 16/44944