Khanna v Baweja [No.2] [2017] NSWCATAP 235

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khanna v Baweja [No.2] [2017] NSWCATAP 235 Hearing dates: 06 September 2017 Date of orders: 06 September 2017 Decision date: 06 September 2017 Jurisdiction: Appeal Panel Before: M Craig QC, ADCJ, Principal Member T Simon, Senior Member Decision: (1) Appeal dismissed Catchwords: APPEAL – residential tenancy – order terminating tenancy – determination of occupation fee following termination order – possession obtained after order executed by Sheriff – no error of law in determining fee – no basis demonstrated for grant of leave to appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Khanna v Baweja [2017] NSWCATAP 107 Temple v AMR Motors Pty Limited [2017] NSWCATAP 221 Category: Principal judgment Parties: Geeta Khanna (Appellant) Jaskeerat Baweja (Respondent) Representation: Appellant: in person (by her husband, S Khanna) Respondent: P Hase (Agent) File Number(s): AP 17/30577 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 6 July 2017 Before: P French, General Member File Number(s): RT 16/44944

reasons for decision 1. On 6 July 2017, Member French, exercising the jurisdiction of the Consumer and Commercial Division of the Tribunal, determined that the Appellant must pay the Respondent the sum of $8,102.22. The Appellant has appealed from that decision. We dismissed the appeal on 6 September 2017. 2. When dismissing the appeal, we gave brief oral reasons for so doing. However, the Appellant has now requested that we provide a written statement of our reasons. That request has been made pursuant to s 62(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (the Tribunal Act). These are the reasons so requested.