Hu v Pender [2017] NSWCATAP 177

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hu v Pender [2017] NSWCATAP 177 Hearing dates: 9 August 2017 Date of orders: 22 August 2017 Decision date: 22 August 2017 Jurisdiction: Appeal Panel Before: G Burton SC, Senior Member R Titterton, Senior Member Decision: 1. The application to extend the time for the filing of the notice of appeal is refused.

2. Leave to appeal refused.

3. Appeal dismissed except for the following corrections, made by consent pursuant to Civil and Administrative Tribunal Act 2013 (NSW) ss 63 and 81, to the original orders:

a) In the second sub-paragraph of order (3), vary the figure $680 to $685;

b) In the third sub-paragraph of order (3), vary the order so that it reads "It is ordered that the rent shall not exceed the sum of $835 per week as from 24 January 2017 to 5 August 2017 and $845 per week from 6 August 2017 to 23 January 2018 or until the repairs are effected, whichever comes first." Catchwords: Residential tenancies - leave to appeal out of time; leave to argue questions of fact - further evidence and fresh evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Anthony v Mao [2014] NSWCATAP 101 Calin v The Greater Union Organisation Pty Ltd (1991) 173 CLR 33 Collins v Urban [2014] NSWCATAP 17 Maintek Services Pty Ltd v Stein Heurtey SA [2013] NSWSC 266 Category: Principal judgment Parties: Jinhu Hu and Helen Han Xiao (Appellants) Andre Pender and Adriana Stigter (Respondents) Representation: Appellants – self-represented Respondents – self-represented File Number(s): AP 17/25492 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 22 May 2017 Before: K Rosser, Senior Member File Number(s): RT16/48255