Smith v Li [2020] NSWCATAP 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v Li [2020] NSWCATAP 59 Hearing dates: 7 April 2020 Date of orders: 15 April 2020 Decision date: 15 April 2020 Jurisdiction: Appeal Panel Before: Armstrong J, President P Durack SC, Senior Member Decision: Appeal from RT 19/52270: (1) The application for an extension of time in which to appeal is refused. (2) The appeal is dismissed.

Appeal from RT 20/00547: (1) The time for filing the notice of appeal is extended to 6 February 2020. (2) The appeal is allowed. (3) Orders 1, 2, 3 and 4 of the consent orders made by the Tribunal dated 22 January 2020 are set aside. Catchwords: CONSENT ORDERS – appeal out of time – length and reason for delay – merits of appeal – whether consent orders valid – whether breach of procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 41, 59, 80(2)(b) Civil and Administrative Tribunal Rules 2014 (NSW) 25(4)(b) Residential Tenancies Act 2010 (NSW) s 85, 87, 115 Residential Tenancies Regulation 2019 (NSW), cl 39(4) Cases Cited: Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46 Healey v Commissioner of Taxation [2006] NSWSC 853 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 PTM Corporate Advisory Pty Ltd v Temple [2015] NSWCATAP 218 Sayhoun v Owners Corporation Strata Plan 75123 [2014] NSWCATAP 112 Smith v New South Wales Bar Association (1992) 176 CLR 256 Tu v University of Sydney [2003] NSWCA 170 Texts Cited: None cited Category: Principal judgment Parties: Amy Smith (First Appellant) Shannon Saunders (Second Appellant) Xin Li (First Respondent) Donglei Zhu (Second Respondent) Representation: Solicitors: Appellants (Self Represented) M Hogan (Agent) (Respondent) File Number(s): AP 20/05984 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 December 2019; 22 January 2020 Before: S Hanstein, General Member; G Ellis, Senior Member File Number(s): RT 19/52270; RT 20/00547