Saroya v Narayan [2019] NSWCATAP 228

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saroya v Narayan [2019] NSWCATAP 228 Hearing dates: 18 June 2019 Date of orders: 16 September 2019 Decision date: 16 September 2019 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Goldstein, Senior Member Decision: (1) Pursuant to s 41 of the NCAT Act, extend the time for lodging the appeal to 22 March 2019. (2) Grant leave to appeal. (3) Allow the appeal. (4) Set aside Order 1 made on 22 January 2019 in proceedings COM 18/48366, namely the order that "the respondent is to pay the applicant the sum of $15,000 in respect of unpaid rent on or before 22 March 2019". (5) Remit to the Tribunal for redetermination by a differently constituted Tribunal the Lessor's claim in proceedings COM 18/48366 for Order 3 (an order that the new lease states the area leased as 10 acres as per verbal agreement) and Order 6 (an order that rent due up to 30 June 2019 in the amount of $15,000.00 be paid). Catchwords: AGRICULTURAL TENANCY – formal agreement unspecific as to area leased – error of fact - unjust to allow decision to stand Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Rules 2014 Evidence Act 1995 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: None cited Category: Principal judgment Parties: Sarbjit Singh Saroya (Appellant) Shiu Narayan (Respondent) Representation: Solicitors: MJO Legal (Appellant) Jeffrey McLaren (Respondent) File Number(s): AP 19/14809 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 22 January 2019 Before: R Harris, General Member File Number(s): COM 18/48366