Abdel-Messih v Azzi [2017] NSWCATAP 214

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abdel-Messih v Azzi [2017] NSWCATAP 214 Hearing dates: 4 October 2017 Date of orders: 16 November 2017 Decision date: 16 November 2017 Jurisdiction: Appeal Panel Before: G K Burton SC, Senior Member T Simon, Senior Member Decision: 1. Appeal dismissed 2. The respondent is to provide, to the Tribunal and to the appellant, either in person or by post, any further documents and submissions he intends to rely on in relation to costs, on or before 20 November 2017. 3. The appellant is to provide to the respondent and the Tribunal, either in person or by post, any further documents and submissions in relation to costs on or before 4 December 2017. 4. The issue of costs will presently be decided on the papers. In the event that a party seeks a further hearing that party make submissions on that topic as part of the foregoing written submissions. The Tribunal will decide costs on the existing material together with any written submissions received in response to the above directions and any material at any further hearing it grants having considered any written submissions for a further hearing. 5. The parties submissions on costs are to address the special circumstances which would warrant the making of a costs order and whether the Tribunal should make an order that the tenant pay the costs of the appeal as agreed or assessed on an indemnity basis or in the alternative on the ordinary basis. Catchwords: Residential tenancy - breach – sub-lease – termination – stay of possession Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Macquarie International Health Clinic PL v Sydney South West Area Health Service (No 2) [2009] NSWSC 629 McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457, [1933] HCA 25 Oshlack v Richmond River Council (1998) 193 CLR 72, [1998] HCA 11 Category: Principal judgment Parties: Bishoy Abdel-Messih (appellant) Tony Azzi (respondent) Representation: Appellant in person Respondent by agent, J Foong File Number(s): AP17/32963 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Commercial and Consumer Division Citation: n/a Date of Decision: 19 July 2017 Before: S Hennings, Member File Number(s): RT17/08746