Sharma v Kaur [2023] NSWCATCD 27

Sharma v Kaur [2023] NSWCATCD 27

The Tribunal has jurisdiction under the Residential Tenancies Act 2010 (NSW) to extend the time for application for a warrant for possession, and there are no grounds for a stay of the application pending Supreme Court proceedings; the extension is granted as the landlords' delay was explained by ongoing related litigation and the tenants remain in possession.

Parties
Applicant: Umesh Sharma; Applicant: Krishna Sharma; Respondent: Kiranjit Kaur; Respondent: Reva Kaur Mehroke
Jurisdiction
Australia
Judgment Date
15 March 2023
Procedural Posture
Residential Tenancy Dispute / Consequential Orders After Hearing on Application for Extension of Time to Apply for Warrant for Possession
Outcome
Application for miscellaneous matters of Gurgit Singh and first named respondent dismissed; extension of time granted
Legal Topics
Extension of Time for Warrant of Possession, Jurisdiction of Tribunal, Residential Tenancies Act 2010 (nsw), Stay Pending Supreme Court Proceedings
Tenancy Civil Procedure Extension of Time for Warrant of Possession Jurisdiction of Tribunal Residential Tenancies Act 2010 (nsw) Stay Pending Supreme Court Proceedings

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Parties

Umesh Sharma

Applicant

Krishna Sharma

Applicant

Kiranjit Kaur

Respondent

Reva Kaur Mehroke

Respondent

Procedural Posture

Residential Tenancy Dispute / Consequential Orders After Hearing on Application for Extension of Time to Apply for Warrant for Possession

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to determine the application for warrant for possession
  2. 2 Whether extension of time for warrant of possession should be granted
  3. 3 Whether to stay the application pending determination of Supreme Court proceedings

Ratio Decidendi

The Tribunal has jurisdiction under the Residential Tenancies Act 2010 (NSW) to extend the time for application for a warrant for possession, and there are no grounds for a stay of the application pending Supreme Court proceedings; the extension is granted as the landlords' delay was explained by ongoing related litigation and the tenants remain in possession.

Court Disposition

Application for miscellaneous matters of Gurgit Singh and first named respondent dismissed; extension of time granted

Orders

  • The application for miscellaneous matters of Gurgit Singh and the first named respondent filed on 21 February 2023 is dismissed.
  • The time for the applicants to make an application for a warrant for possession of the premises is extended to 3 February 2023.