Rahmany v Zhu [2019] NSWCATAP 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rahmany v Zhu [2019] NSWCATAP 13 Hearing dates: 28 November 2008 8 Date of orders: 08 January 2019 Decision date: 08 January 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member T Simon, Senior Member Decision: (1) The time to file the appeal is extended to 6 September 2018. (2) Leave to appeal is granted and the appeal is allowed in part. (3) The respondent (Yijie Zhu) is to pay the appellants (Siamak Rahmany and Sally Mollaian) the sum of $334.95 being a refund of part of the bond paid to the respondent pursuant to order 2 made 14 August 2018 in application RT 18/22443, such amount to be paid to the appellants within 14 days from the date of these orders. (4) Save as provided above the appeal is dismissed. Catchwords: APPEALS – Leave to appeal – miscalculation of award – challenge to findings concerning breach of residential tenancy agreement and assessment of loss. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: Nil Category: Principal judgment Parties: Siamak Rahmany (First Appellant) Sallian Mollaian (Second Appellant) Yijie Zhu (Respondent) Representation: S Rahmany (Self Represented) (First Appellant) S Mollaian (Self Represented) (Second Appellant) A Tinsley (Agent) (Respondent) File Number(s): AP18/38862 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 14 August 2018 Before: D Ash, General Member File Number(s): RT18/22443