Kings v Chand [2019] NSWCATAP 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kings v Chand [2019] NSWCATAP 180 Hearing dates: 15 May 2019 Date of orders: 17 July 2019 Decision date: 17 July 2019 Jurisdiction: Appeal Panel Before: A Britton, Principal Member K Ransome, Senior Member Decision: (1) The Appeal is allowed. (2) Order 1 made by the Tribunal on 28 February 2019 is set aside. (3) Order 2 made by the Tribunal on 28 February 2019 is confirmed. (4) Order 3 made by the Tribunal on 28 February 2019 is set aside and in substitution we order: Within 14 days Mr Chand must pay to Mr Kings $373.44 for failure to give 14 days' notice of the date of termination of the agreement ($107.14) and charges for water, electricity and gas ($266.30). All other claims are dismissed. Catchwords: RESIDENTIAL TENANCY — whether landlord contravened s 49(1) of Residential Tenancies Act 2010 (NSW) — whether residential tenancy agreement is void and unenforceable because of contravention of s 49(1) of Residential Tenancies Act Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Amendment Act 2017 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) Liquor Act 2007 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Gnych v Polish Club Limited [2015] HCA 23; 255 CLR 414 ZID v Green [2018] NSWCATAP 198 Murphy v Pitt [2017] NSWCATCD 44 Category: Principal judgment Parties: Greg Kings (Appellant) Shaveen Chand (Respondent) Representation: L Amorisi, agent (Appellant) S Chand (Respondent self-represented) File Number(s): AP 19/10879 Decision under appeal Court or tribunal: NCAT Jurisdiction: Consumer and Commercial Division Date of Decision: 28 February 2019 Before: S Sutherland, General Member File Number(s): RT 18/43691; RT 18/44217