Makowska v St George Community Housing Ltd [2020] NSWCATAP 159

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Makowska v St George Community Housing Ltd [2020] NSWCATAP 159 Hearing dates: 12 May 2020 Date of orders: 29 July 2020 Decision date: 29 July 2020 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member D Robertson, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: LEASES AND TENANCIES – Residential tenancies legislation – social housing – reduction in rent by reason of reduction in services or facilities – obligation to provide quiet enjoyment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Liability Act 2002 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Advance Fitness v Bondi Diggers [1999] NSWSC 264 Collins v Urban [2014] NSWCATAP 17 Commonwealth v Amman Aviation Pty Ltd (1991) 174 CLR 64 Moore v Scenic Tours Pty Ltd [2020] HCA 17; 77 ALR 209 Texts Cited: None cited Category: Principal judgment Parties: Zofia Makowska (Appellant) St George Community Housing Ltd (Respondent) Representation: Solicitors: Appellant (Self Represented) S Vandenberg (Project Co-ordinator) (Respondent) File Number(s): AP 20/09740 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 13 February 2020 Before: S Sutherland, Tribunal Member File Number(s): SH 19/24933