Khanna v Baweja & Anor [2019] NSWCA 193

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Khanna v Baweja & Anor [2019] NSWCA 193 Hearing dates: 22 July 2019 Decision date: 08 August 2019 Before: White JA at [1]; McCallum JA at [37] Decision: (1) Extend the time for filing the application for leave to appeal from the orders of the District Court made on 2 February 2018 up to the date of filing of the summons for leave to appeal. (2) Order that the summons for leave to appeal from orders of the District Court made on 1 September 2017 and 2 February 2018 be dismissed with costs. Catchwords: LANDLORD AND TENANT— application for leave to appeal against summary dismissal of statement of claim — where merits of various complaints as to habitability of premises and identity of landlord addressed by New South Wales Civil and Administrative Tribunal — where statement of claim reformulates many of these claims — whether landlord's failure to provide approval or occupation certificate entitles tenant to refund of rent — whether allegations precluded by issue estoppel — no issue of principle or general importance — application for leave to appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 109H, 109M Evidence Act 1995 (NSW), ss 69, 91 Residential Tenancies Act 2010 (NSW), ss 77, 187 Cases Cited: Khanna v Baweja [2017] NSWCATAP 107 Khanna v Baweja; Baweja v Khanna [2017] NSWCATCD 8 Khanna v Gunesekara & Ors [2018] NSWDC 133 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 54 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 Category: Principal judgment Parties: Sanjeev Khanna (Applicant) Jaskeerat Singh Baweja (First Respondent) Powerlist Pty Ltd t/as Response Real Estate (Baulkham Hills) (Second Respondent) Representation: Counsel: T Berberian (Respondents)