Abdel-Messih v Wang [2018] NSWCATAP 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abdel-Messih v Wang [2018] NSWCATAP 60 Hearing dates: 28 November 2017 Date of orders: 08 March 2018 Decision date: 08 March 2018 Jurisdiction: Appeal Panel Before: K O'Connor, AM, ADCJ, Deputy President, Appeals G Sarginson, Senior Member Decision: 1. Appeal dismissed.

2. Respondent's costs application to be dealt with in accordance with Directions given at para [58].

3. The stay orders made on 28 September 2017 are lifted. Catchwords: RESIDENTIAL TENANCIES – Tribunal order in relation to amount of rent arrears – Tribunal order dismissing tenant's claim that landlord unreasonably withheld consent to sub-let – Appeal - statutory cap on rent arrears properly applied –– considerations relevant to landlord's discretion – nature of inquiry – having regard to evidence in settled termination proceedings in relation to whether landlord's withholding of consent unreasonable – refusal to allow filing of further submissions after close of hearing – not unfair – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 NSW Civil and Administrative Tribunal Rules 2014 NSW Residential Tenancies Act 2010 NSW Cases Cited: Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Category: Principal judgment Parties: Bishoy Abdel-Messih (Appellant) Ledong Wang (Respondent) Representation: In person (Appellant) S Chiu, Agent (Respondent) File Number(s): AP 17/38933 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Wang v Abdel-Messih; Abdel-Messih v Wang [2017] NSWCATCCD Date of Decision: 25 August 2017 Before: P French, General Member File Number(s): RT 17/16177; RT 17/19334