Raissis v Anaz [2019] NSWCATAP 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Raissis v Anaz [2019] NSWCATAP 25 Hearing dates: 6 November 2018 Date of orders: 23 January 2019 Decision date: 23 January 2019 Jurisdiction: Appeal Panel Before: A Britton, Principal Member J McAteer, Senior Member Decision: (1) Leave to appeal is refused. (2) Appeal is dismissed. Catchwords: REPRESENTATION — power to revoke leave under Civil and Administrative Tribunal Rules 2014

RESIDENTIAL TENANCY — repudiation of residential tenancy agreement

STATUTORTY INTERPRETATION — requirement of Tribunal to inquire — scope of obligation imposed by s 38(6)(a) of the Civil and Administrative Tribunal Act 2013 (NSW)

RULES OF EVIDENCE — application of the discretion to admit a recording prohibited by s 7(1) of the Surveillance Devices Act 2007 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW). Queensland Civil and Administrative Tribunal Act 2009 (QLD) South Australian Civil and Administrative Tribunal Act 2013 (SA) Surveillance Devices Act 2007 (NSW) Cases Cited: Anan v Raissis, NCAT, Campbell M, 5 September 2018 Australian Boot Trade Employees' Federation v Whybrow & Co [1910] HCA 53; (1910) 11 CLR 311 Collins v Urban [2014] NSWCATAP 17 Footscray City College v Ruzicka [2007] VSCA 136, 16 VR 498 Grey v Pearson [1857] EngR 335; (1857) 6 HLC 61 House v The King [1936] HCA 40; (1936) 55 CLR 499 J.J. Richards & Sons Pty Ltd v Fair Work Australia [2012] FCAFC 53 Laurinda Pty Ltd v Capalaba Park Shopping Centre Pty Ltd [1989] HCA 23; (1989) 166 CLR 623 Shevill v Builders Licensing Board (1982) 149 CLR 620; [1982] HCA 47 Wesiak v D&R Constructions (Aust) Pty Ltd [2016] NSWCA 353 Category: Principal judgment Parties: Emanuel Raissis (Appellant) Cetin Anaz (Respondent) Representation: S Raissis (Appellant) C Anaz (Self Represented)(Respondent) File Number(s): AP 18/38867 Publication restriction: Nil Decision under appeal Court or tribunal: NCAT Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 5 September 2018 Before: C Campbell, General Member File Number(s): RT 18/31616