Choy v Rugsat [2020] NSWCATAP 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Choy v Rugsat [2020] NSWCATAP 88 Hearing dates: 6 May 2020 Date of orders: 20 May 2020 Decision date: 20 May 2020 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member L Wilson, Senior Member Decision: 1. Extension of time to appeal is refused. 2. The Appeal is dismissed. 3. The stay ordered 12 March 2020 is lifted. 4. The amount of $1,760 held by the Tribunal is to be paid to the respondents. Catchwords: APPEAL – Extension of time – no adequate explanation for delay RESIDENTIAL TENANCIES – Ex parte hearing – Denial procedural fairness – No opportunity to be heard Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 38, 41 Civil and Administrative Tribunal Rules 2013 (NSW), r 25 Residential Tenancies Act 2010 (NSW), ss 166, 175, 187 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Category: Principal judgment Parties: Robert Choy (first appellant) Mary Choy (second appellant) Tanan Rugsat (first respondent) Chananon Rugsat (second respondent) Atunaisa Saqa (third respondent) Representation: Appellants by their agent Mr Kim Respondents by Tanan Rugsat (with Interpreter) File Number(s): AP 20/09578 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 06 November 2019 Before: M Eftimiou, General Member