Singh v Khan [2019] NSWCA 196

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Singh v Khan [2019] NSWCA 196 Hearing dates: 22 July 2019 Date of orders: 22 July 2019 Decision date: 22 July 2019 Before: White JA at [1], [30]; McCallum JA at [31] Decision: Summons seeking leave to appeal filed on 11 June 2019 is dismissed with costs. Catchwords: LANDLORD AND TENANT— whether landlord's refusal to produce trust deed justifies tenant's non-payment of rent — whether tax invoices issued by landlord invalid where no trust deed given to tenant — whether Tribunal at first instance lacked jurisdiction due to pending Supreme Court proceedings — no issue of general importance — application for leave to appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83 Conveyancing Act 1919 (NSW), 23C Residential Tenancies Act 2010 (NSW), s 85 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Singh v Fobubu [sic] Pty Ltd; Singh v Khan [2018] NSWSC 1817 Singh v Fobupo Pty Ltd [2019] NSWCATAP 34 Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2015] NSWSC 289 Category: Principal judgment Parties: Gurjit Singh (Applicant) Ghulam Akbar Khan (First Respondent) Samina Khan (Second Respondent) Fobupo Pty Ltd (Third Respondent) Representation: Counsel: R Brown (Respondents)

Solicitors: McGrath Dicembre & Co (Respondents) File Number(s): 2019/142353 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Division Citation: n/a Date of Decision: 27 February 2019 Before: Button J File Number(s): 2018/278850