Chalker v Reardon [2020] NSWCATAP 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chalker v Reardon [2020] NSWCATAP 187 Hearing dates: 18 August 2020 Date of orders: 10 September 2020 Decision date: 10 September 2020 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member P H. Molony, Senior Member Decision: (1) The appeal is allowed. (2) Set aside the order made by the Tribunal on 4 June 2020. (3) Declare that the appellants must pay the respondent, pursuant to s 47 (5) or s187 (1) (c) of the Residential Tenancies Act 2010, the amount of the water charges paid by the respondent to the appellants over the period from 16 June 2017 to 20 January 2020 as determined by the Tribunal in accordance with Orders (4) and (5) below. (4) The proceedings are remitted to the Tribunal at first instance (either the same or a differently constituted Tribunal) for a re-determination of a part of the respondent's case, namely the quantum of the amount of the water usage charges paid by the respondent to the appellants over the period from 16 June 2017 to 20 January 2020 which the appellants must repay the respondent in accordance with Order (3). (5) As to Order (4), the Tribunal at first instance is to make directions for the provision by the parties of such further evidence and written submissions as the parties may wish to rely upon. Catchwords: APPEALS – residential tenancy- water charges paid by tenant when not required to pay – claim for refund - quantum to be repaid – adequacy of reasons – redetermination required Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Rice Marketing Board for the State of New South Wales v Forbidden Foods Pty Limited; Forbidden Foods Pty Limited v Rice Marketing Board for the State of New South Wales [2020] NSWCATAP 182 Category: Principal judgment Parties: Frank Chalker (First Appellant) Judy Chalker (Second Appellant) Chelsea Reardon (Respondent) Representation: Solicitors: Appellants (Self Represented) Respondent (Self Represented) File Number(s): AP 20/27610 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 04 June 2020 Before: P Boyce, Senior Member File Number(s): RT 20/08630