Shapkin v Lorenzato

[2022] NSWCATCD 67

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

Shapkin v Lorenzato [2022] NSWCATCD 67

Hearing dates:

6 April 2022

Date of orders:

8 April 2022

Decision date:

08 April 2022

Jurisdiction:

Consumer and Commercial Division

Before:

G Blake AM SC, Senior Member

Decision:

(1)   The proceedings are dismissed.

Catchwords:

CIVIL PROCEDURE – Renewal of proceedings – Whether the respondent failed to comply with order of the Tribunal – Whether any other appropriate order should be made – Proceedings dismissed

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Residential Tenancies Act 2010 (NSW)

Cases Cited:

Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98

Flanagan v Bernasconi [2022] NSWSC 381

Goode v Angland (2017) 96 NSWLR 503; [2017] NSWCA 311

McLean v Power [2013] NSWSC 193

Mehr v Lau [2022] NSWCATAP 15

Minifie v Maxwell [2020] NSWCATAP 30

Smits v Loel [2014] FCA 1341

Smits v Loel (No 3) [2015] FCA 77

X-Build Construction Services Pty Ltd v O’Rourke [2020] NSWCATAP 181

Texts Cited:

Nil

Category:

Principal judgment

Parties:

Vasiliy Shapkin (Applicant)
Angele Lorenzato (Respondent)

Representation:

Applicant (Self-represented)
N Minaway (Respondent)

File Number(s):

RT 22/14212

Publication restriction:

Nil

REASONS FOR DECISION

Overview

1. In these renewed proceedings the applicant, Vasiliy Shapkin, who is the tenant, seeks relief under the Residential Tenancies Act 2010 (NSW) (RT Act) against the respondent, Angele Lorenzato, who is the landlord, of premises situated in a multi-storey building at Liverpool (the premises) under a residential tenancy agreement between them by reason of the alleged failure of the respondent to comply with certain orders made by the Tribunal on 1 March 2022 in proceedings RT 22/06803 (the RT 22/06803 proceedings) as varied on 25 March 2022 by the Appeal Panel in proceedings 2022/00074365 (the 2022/00074365 proceedings).

2. I have decided that the renewed proceedings should be dismissed.

The factual background

3. As at 25 March 2022 the following proceedings commenced by the tenant against the landlord in relation to disputes about the residential tenancy agreement were pending before the Tribunal:

1. proceedings RT 21/43089 (the RT 21/43089 proceedings);

2. proceedings RT 21/519769 (the RT 21/519769 proceedings);

3. proceedings RT 22/06840 (the RT 22/06840 proceedings);

4. proceedings RT 22/12130 (the RT 22/12130 proceedings);

5. proceedings RT 22/12441 (the RT 22/12441 proceedings).

The RT 22/06803 proceedings

4. On 16 February 2022, the landlord as the applicant commenced the RT 22/06803 proceedings against the tenant as the respondent by filing an application seeking a termination order and a possession order on various grounds under ss 87, 90, 92, 93, 95 and 187 of the RT Act.

5. On 1 March 2022, the Tribunal published its decision in which it:

1. made the following orders (the 1 March 2022 orders):

“1. The Residential Tenancy Agreement is terminated in accordance with:

•s 92 (b) of the Residential Tenancies Act 2010 as the tenant/occupant has intentionally engaged in conduct in relation to the landlord or the landlord that would be reasonably likely to cause the landlord to be intimidated or harassed; and

•s 93 of the Residential Tenancies…