Zhou v MacMahon Street Investments Pty Ltd [2020] NSWCATAP 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zhou v MacMahon Street Investments Pty Ltd [2020] NSWCATAP 178 Hearing dates: 30 July 2020 Date of orders: 26 August 2020 Decision date: 26 August 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Robertson, Senior Member Decision: (1) Appeal upheld. (2) The appellant's claim in relation to the alleged damage to her clothing is to be reheard by the Tribunal differently constituted. (3) Should the appellant succeed in her claim in relation to her clothing, the order made by the Tribunal that the respondent pay to the appellant the sum of $466 may be varied accordingly. Catchwords: LEASES AND TENANCIES – covenants – to repair – obligation to keep in reasonable state of repair – damage to tenant's goods - not dependent upon findings under s 65(3A) of the Residential Tenancies Act that the landlord had notice of the need for the repair or ought reasonably to have known of the need for the repair CONTRACTS – remedies – damages – difficulty of assessment – lack of clear evidence no bar to assessment Legislation Cited: Residential Tenancies Act 2010 (NSW), ss 63, 65 Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64; [1994] HCA 54 Pacorp Holdings Pty Ltd v Waller [2017] NSWCATAP 167 Searle v Commonwealth of Australia [2019] NSWCA 127 Texts Cited: Nil Category: Principal judgment Parties: Hui Li Zhou (Appellant) MacMahon Street Investments Pty Ltd (Respondent) Representation: Solicitors: Appellant (Self Represented) A Lousick (Property Manager) (Respondent) File Number(s): AP 20/22531 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 23 April 2020 Before: S De Jersey, General Member File Number(s): RT 20/06058