ZID v Green [2018] NSWCATAP 198

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZID v Green [2018] NSWCATAP 198 Hearing dates: 6 April 2017 and 22 November 2017 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member P Boyce, Senior Member Decision: (1) The application for an extension of time to appeal from the orders made in proceedings RT 16/33997 is refused.

(2) To the extent that leave to appeal from the orders made in proceedings RT 16/29905 is sought the application is refused.

(3) The appeal is dismissed.

(4) No order as to costs. Catchwords: APPEAL – residential tenancy – occupancy of unapproved "granny flat" – illegality – effect of illegality on tenancy agreement – termination of tenancy agreement for expiry of fixed term – claim in restitution for recovery of rent paid – alternative claim for damaged for breach of the tenancy agreement. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Environmental Planning & Assessment Act 1979 Fair Trading Act 1987 Residential Tenancies Act 2009 Cases Cited: Bygrave v Harris and O'Brien [2012] NSWCTTT 268 Gnych v Polish Club Limited [2015] HCA 23; 255 CLR 414 Category: Principal judgment Parties: ZID (Appellant) Jamie Green & Belinda Green Representation: Self-represented (Appellant) Mr N Pensini and Ms Green, agent (Respondents) File Number(s): AP 17/00085 Publication restriction: The name of the Appellant in these reasons is to be anonymised and is not to be published without further order of the Tribunal, by order under s 64 (1) (a) of the Civil and Administrative Tribunal Act Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: RT 16/33997 - 22 September 2016 RT 16/29905 - 19 December 2016 Before: RT 16/33997 - M Gilson, General MemberRT 16/29905 - R Harris, General Member File Number(s): RT 16/33997 and RT 16/29905