Baillieu v St George Community Housing Limited [2020] NSWCATAP 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Baillieu v St George Community Housing Limited [2020] NSWCATAP 138 Hearing dates: 23 April 2020 Date of orders: 16 July 2020 Decision date: 16 July 2020 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Robertson, Senior Member Decision: (1) Extend time for lodgement of the appeal to 24 February 2020. (2) To the extent necessary grant leave to appeal. (3) Allow the appeal. (4) Set aside the orders made by the Tribunal on 16 January 2020 in proceedings SH 19/40477. (5) Order the respondent to pay the appellant the sum of $25.18 immediately. Catchwords: LEASES AND TENANCIES – residential tenancies legislation – tenant's remedies for payment of rent and excess charges – onus on tenant to prove amounts not required to be paid Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Clare Baillieu (Appellant) St George Community Housing Limited (Respondent) Representation: Solicitors: Appellant (Self Represented) G Evano (Team Leader) (Respondent) File Number(s): AP 20/09362 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 16 January 2020 Before: J Levingston, Tribunal Member File Number(s): SH 19/40471