Kazzi v Bechara [2021] NSWCATAP 166

Kazzi v Bechara [2021] NSWCATAP 166

The Tribunal was entitled to make orders regarding possession and keys despite lack of council approval for the granny flat, as established authorities hold such agreements are not void or unenforceable under the EPA. The appellants were bound by their conduct below and failed to establish exceptional circumstances or relevant factual or legal error. The appeal was dismissed.

Parties
First Appellant: Youssef Kazzi; Second Appellant: Odette Kazzi; Respondent: Steve Bechara
Jurisdiction
Australia
Judgment Date
02 June 2021
Procedural Posture
Appeal / Final Appeal Determination
Outcome
appeal dismissed
Legal Topics
Adjournment, Illegality in Tenancy Agreements, Effect of Council Approval, Repudiation, Compensation for Lockout, Apprehended Personal Violence Order
Residential Tenancy Administrative Law Adjournment Illegality in Tenancy Agreements Effect of Council Approval Repudiation Compensation for Lockout Apprehended Personal Violence Order

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Parties

Youssef Kazzi

First Appellant

Odette Kazzi

Second Appellant

Steve Bechara

Respondent

Procedural Posture

Appeal / Final Appeal Determination

Legal Issues

  1. 1 Whether lack of council approval for the granny flat prevented the Tribunal from making orders regarding possession and keys
  2. 2 Whether the Tribunal erred in refusing an adjournment application
  3. 3 Whether the respondent accepted repudiation by landlords

Ratio Decidendi

The Tribunal was entitled to make orders regarding possession and keys despite lack of council approval for the granny flat, as established authorities hold such agreements are not void or unenforceable under the EPA. The appellants were bound by their conduct below and failed to establish exceptional circumstances or relevant factual or legal error. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • If any party desires to make an application for costs of the appeal: the applicant for costs is to lodge with the Appeal Panel and serve on the respondent any written submissions (max five pages) and evidence in support within 14 days; the respondent to any costs application is to lodge with the Appeal Panel and...