Cheng v Bugno [2019] NSWCATAP 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cheng v Bugno [2019] NSWCATAP 148 Hearing dates: 23 April 2019 Date of orders: 18 June 2019 Decision date: 18 June 2019 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Charles, Senior Member Decision: 1. Appeal dismissed. Catchwords: APPEAL– new trial – procedural fairness – notice of hearing – service in accordance with NCAT Rules – when departure from rules of natural justice will entitle aggrieved party to a new trial — whether compliance with rules of natural justice would have made any difference to the result

LANDLORD AND TENANT – residential tenancies legislation – excessive rent - proof Legislation Cited: Residential Tenancies Act 2010 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Giretti v Deputy Commissioner of Taxation (1996) 70 FCR 151 Souleles v Todd [2016] NSWCA 91 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Texts Cited: Nil Category: Principal judgment Parties: Xu Cheng (Appellant) Mark Bugno (Respondent) Representation: G Mao (Agent, on behalf of the appellant) M Bugno (Respondent in person) File Number(s): AP 19/10422 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 13 February 2019 Before: P French, General Member File Number(s): RT 18/48921