Singh v Lekhwar

[2022] NSWCATCD 51

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Singh v Lekhwar [2022] NSWCATCD 51

Hearing dates:

8, 31 March 2022

Date of orders:

4 April 2022

Decision date:

04 April 2022

Jurisdiction:

Consumer and Commercial Division

Before:

Graham Ellis SC, Senior Member

Decision:

1.   The name of the second respondent is amended to Vinita Lekhwar.

2.   The respondents are granted leave to be legally represented.

3.   The application for disqualification for bias is rejected.

4.   The application is dismissed.

Catchwords:

ADMINISTRATIVE LAW – Bias rule – Actual or apprehended bias

CIVIL PROCEDURE – Parties – Legal representation

CIVIL PROCEDURE – Jurisdiction – Exercise of federal jurisdiction

BANKRUPTCY – Whether undischarged bankrupt can commence or continue proceedings in the Tribunal

Legislation Cited:

Bankruptcy Act 1966 (Cth)

Civil and Administrative Tribunal Act 2013 (NSW)

Residential Tenancies Act 2010 (NSW)

Cases Cited:

Assistant Commissioner Condon v Pompano Pty Ltd [2013] HCA 7

Attorney General for New South Wales v Gatsby [2018] NSWCA 254

Charisteas v Charisteas [2021] HCA 29

Dalton v Qantas Airways Ltd [2020] NSWCATCD 2

Ebner v Official Trustee in Bankruptcy [2000] HCA 63

Faulkner v Bluett [1981] FCA 3

Johnson v Johnson [2000] HCA 48

Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48

Murphy v Trustees of Catholic Aged Care Sydney [2018] NSWCATAP 275

Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45

Re Nolan, ex parte Young [1991] HCA 29

Rodney v Stricke [2018] NSWCATAP 136

Singh v Khan [2021] NSWSC 1093

WABZ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 30

Wilson v Chan & Naylor Parramatta Pty Ltd [2020] NSWCA 213

Texts Cited:

Nil

Category:

Principal judgment

Parties:

Gurjit Singh (Applican)
Keshvanand Lekhwar (First Respondent)
Vinita Lekhwar (Second Respondent)

Representation:

Applicant (Self-represented)

Solicitors:
Complete Law (First and Second Respondent)

File Number(s):

RT 22/05789

Publication restriction:

Nil

Reasons for decision

Outline

1. Following the determination of applications of the applicant and the respondent on 9 February 2022, the applicant lodged this application on that day. After considering (and granting) the respondent’s application for leave to be legally represented and considering (and rejecting) the applicant’s request for the Tribunal member to disqualify himself, the Tribunal determined that the applicant had no standing to commence or continue this application. It was therefore not necessary to consider whether the issues raised by the applicant in this application could and should have been raised in his earlier application.

History of the proceedings

2. On 9 February 2022 the applicant commenced these proceedings against the respondents, seeking orders under s 187(1)(d) and s 187(1)(e) of the Residential Tenancies Act 2010 (the RTA). On 14 February 2022 a notice was issued to advise the parties that the application was listed on 8 March 2022, for conciliation and directions.

3. On that occasion, the applicant complained that he had not had time to consider the preliminary issues which the Tribunal considered needed to be addressed. As a result, directions were made to enable written submissions to be lodged and…