Singh v Fobubu Pty Ltd

Background

1. This is an appeal from a decision made in the Consumer and Commercial Division of the Tribunal on 19 April 2018. The appeal was lodged on 14 May 2018. The decision of 19 April 2018 (which we will refer to as the Decision) concerned a residential tenancy agreement and accordingly, the time for the lodgement of the appeal was fourteen days: see r 25(4)(b) of the Civil and Administrative Tribunal Rules 2014 (the Rules). As the appeal was filed out of time, it may only proceed if the Appeal Panel grants leave to extend time.
2. The Decision contained orders to the following effect: 1. The respondent's application for an adjournment is dismissed; 2. The respondent is to pay the applicant the sum of $3,771.43 on the later of 30 May 2018 or seven days after the Appeal Panel gives its decision in the Retail Lease dispute, plus interest on that amount from 21/4/18 until paid, at the rate of 7.5% pa; 3. The tenancy agreement is terminated on the later of 31 May 2018 or seven days after the Appeal Panel gives its decision in the Retail Lease dispute, and vacant possession is to be given on that date if the tenant has not complied with Order 2; 4. Orders 2 and 3 are suspended under s114 or stayed under s188 to the later of the dates in those orders or seven days after the determination of the Appeal Panel in the Retail Lease Dispute, if not given before the dates in those Orders; 5. The respondent is to pay the applicant the sum of $300 payable weekly from 20/4/18 (or pro rata $42.86 per day) until vacant possession is given to the applicant; 6. The hearing date in RT 18/16723 is vacated and is to be listed after the Appeal determination is given together with any application made by the tenant pursuant to the following order; and 7. By 27/4/18 the respondent is to file any application he may have under RTA s63 (in which he alleges the landlord's breach of the residential tenancy agreement) and seeking a remedy under RTA s187(1)(d) for compensation.
3. The references in the above orders to the Appeal Panel giving a decision in the "Retail Lease" dispute is explained in the Decision. Essentially, the parties are involved in an application before the Tribunal concerning a retail lease of premises at the same address as the separate premise in respect of which there is the residential tenancy agreement. In that retail lease application, orders were made of an interlocutory nature and those orders were the subject of an appeal to an Appeal Panel of the Tribunal. We understand the appeal has since been dismissed. The orders also refer to application RT 18/16723 which was an application by the landlord seeking to terminate the residential tenancy agreement on a different basis from the basis relied upon in application RT 18/10018.