Kostov v Ecclesia Housing Limited [2018] NSWCATAP 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kostov v Ecclesia Housing Limited [2018] NSWCATAP 196 Hearing dates: 26 July 2018 Date of orders: 26 July 2018 Decision date: 16 August 2018 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President D Goldstein, Senior Member Decision: The appeal is dismissed. Catchwords: APPEAL – Residential tenancy - Termination of residential tenancy agreement – Limitations on internal appeals when a warrant of possession has been executed - Whether the Tribunal denied the tenant procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), cls 12, 12(1), 12(2)(b) of Sch 4, ss 38(2), 38(6)(a), 80(2)(b) Civil and Administrative Tribunal Regulation 2013 (NSW), regs 9, 9(1), Evidence Act 1995 (NSW), s 131(1) Residential Tenancies Act 2010 (NSW), ss 82, 87, 87(1)–(4), 88, 120, 223 Cases Cited: John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Re Minister for Immigration, Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Stead v State Government Insurance Commission (1986) 161 CLR 141 Texts Cited: None cited Category: Principal judgment Parties: Adriana Kostov (Appellant) Ecclesia Housing Limited (Respondent) Representation: The parties were self-represented File Number(s): AP 18/28381 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 05 June 2018 Before: T Simon, Senior Member File Number(s): SH 18/24878