Homes North Community Housing v Schwaiger [2020] NSWCATAP 286

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Homes North Community Housing v Schwaiger [2020] NSWCATAP 286 Hearing dates: 11 December 2020 Date of orders: 23 December 2020 Decision date: 23 December 2020 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member J McAteer, Senior Member Decision: (1) Appeal upheld (2) Order 4 of the orders of the Tribunal on 13 October 2020 is set aside and in lieu thereof the following order is made: "(4) the respondent is to pay the applicant compensation in the sum of $1260.99." Catchwords: RESIDENTIAL TENANCY – whether the Tribunal erred in finding that an application for compensation for damage to the premises cannot arise while the tenancy remains on foot. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80 Residential Tenancies Act 2010 (NSW), s 90; ss 187- 189; s 190(1); s 190(2) Residential Tenancies Regulation 2019 (NSW), r 39(9) Cases Cited: Micalleff v Constantin and Marcer (tenancy) [2013] NSWCTTT 102 Trevallion v Puccini-Scuderi [2014] NSWCATCD 81 Texts Cited: None cited Category: Principal judgment Parties: Homes North Community Housing (Appellant) Brett Schwaiger (Respondent) Representation: M Saxby (Authorised Officer) (Appellant) Respondent (No Appearance) File Number(s): AP 20/44851 Publication restriction: None Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 13 October 2020 Before: P Harris, Member File Number(s): SH 20/34456