NCAT coercion of tenant to breach tax law continues

In the matter of Gurjit Singh vs Fobupu Pty Ltd, Ghulam Akbar Khan, and Samina Khan orders were made by Tribunal on 23 Jan 2018 to pay $6500 incl GST to Fobupu Pty Ltd and matter was set on 6 March 2018 for direction hearing.

On 6 March 2018 Senior Member Simon admonished tenant to pay rent without an invoice. Senior Member Simon said “You cannot go on rent strike in NSW”, only allowed Landlord’s legal representative to speak, censored the Tenant to read from his notes or submissions. Tenant out of fear of losing possession paid rent for March 2018 and exposed himself to ATO penalty. Tenant is still waiting for March 2018 invoice along with 11 years of invoices not issued by Landlord.

Senior Member Simon further refused to deal with 3 Applications filed by the tenant in the registry. She confirmed that there are no such applications she received from the registry to deal with those applications today. Later NCAT Principal Registrar Cathy Szczygielski confirmed in writing that applications were in front of Senior Member Simon on 6 March 2018.

In another hearing on 26 March 2019 in Penrith between Fobupu Pty Ltd, Gurjit Singh and Senior Member Simon allowed the landlord to be represented by his representative but refused tenant for representation by his advocate. Sometimes in this matter, the tenants get permission to be represented by an advocate and sometimes permission is denied.

It is the responsibility of the president together with the Heads of each of the Divisions to assist Members to comply with the Code of Conduct and to perform their responsibilities as Tribunal Members through the provision of appropriate training, leadership, and support. Certainly, they could do better and investigate the reasons as to why Senior Member lied on 6 March 2018 to the parties and help her to perform their responsibilities as a tribunal member.



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