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.

 

 

This Post Has 2 Comments

  1. NCAT LEAVES ME HIGH AND DRY

    I have been in NCAT 14 times over the past 2 years for an unlicensed contractor John who completed defective work…NCAT have enabled this contractor who has already been investigated by ICAC for corruption to drag this matter out…its obvious he is playing the system. Initially I was awarded a money order, he had appealed this, he never turned up for the appeal directions hearing because “he didn’t get the letter” and was successful in renewing proceedings, he has lied and told NCAT as part of his witness statement that he never received pages of my witness statement, advised them he never received my bundle of documents that were sent registered post and they have never addressed this..they have let him go.

    I had allowed his brother to undertake the rectification work as part of consent order just to get my bathroom/ laundry fixed as Mr John Tourni trading as Tilestone by Vivid…again unlicensed and defective work, I had renewed proceedings, had to engaged a expert report which identified a number of defects. At the hearing I was only awarded $5,000 for a $30,000 bathroom laundry renovation, because wait for it I STOPPED WORK… I stopped work because the young laborer on site lifted all the pipes that were installed by the plumber and raised them to sit above ground level, they also did not clip in the water pipes that were installed inside the wall cavity.

    I had no choice but to appeal and low and behold Tribunal Member Simon at the helm….I had to wait for over 3 months for her to decide and her decision that she will remit my matter back into NCAT. Looks like she was right this could take years, it has already taken years. I wonder if anyone actually reads anything in there. Not sure this is a cost effective and quick way of resolving any matter it has cost me $12,000 in Expert Reports, time off work, hours and hours of preparations, filing fees, a bit of legal advise etc , how would they go with more complicated matters…this is a absolute joke! One the 28 August 2019 I am still waiting for NCAT to give me a fair hearing and waiting for a date for it to be remitted back into NCAT… For over 12 months I have had no accessible toilet or shower and I have had to hook my washing machine up in the backyard…I am an Aboriginal woman living in Western Sydney..

  2. People say justice system is not fair because it is “Justice by the rich for the rich”.

    But now it is “Justice by the corrupt and for the corrupt.”

    NCAT loves liars.

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