Rathod v Liu [2019] NSWCATAP 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rathod v Liu [2019] NSWCATAP 80 Hearing dates: 24 October 2018 Date of orders: 05 April 2019 Decision date: 05 April 2019 Jurisdiction: Appeal Panel Before: T Simon, Principal Member (acting) S Higgins, Senior Member Decision: (1) Appeal allowed in part. (2) The decision of the Tribunal in RT 18/24796 is set aside and remitted for reconsideration by the Tribunal as it was originally constituted, in accordance with these reasons for decision and without further evidence. (3) The moneys held by the Registrar in accordance with the stay order made by the Appeal Panel on 27 August 2018 are to continue to be held by the Registrar pending the re-determination of Ms Liu's claim by the Tribunal on reconsideration or as otherwise ordered by the Tribunal be paid to Ms Liu. Catchwords: LEASES AND TENANCIES – residential lease – adequacy of reasons – failure to make an essential finding of fact – termination - abandonment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Cases Cited: Abdel-Messih v Marshall [2017] NSWCATAP 136 Darren and Julia Patterson v David Dawson [2015] NSWCATAP 31 Hammond v State of New South Wales [2011] NSWCA 375 Lewer v Smith [2016] NSWCATAP 76 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Pran Rathod (Appellant) Helen Liu (Respondent) Representation: P Rathon (Self Represented)(Appellant) H Liu (Self Represented)(Respondent) File Number(s): AP 18/34848 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 6 August 2018 Before: S Smith, Senior Member File Number(s): RT 18/24796