Dugtong v Affordable Housing Pty Ltd [2021] NSWCATAP 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dugtong v Affordable Housing Pty Ltd [2021] NSWCATAP 22 Hearing dates: 13 October 2020 Date of orders: 05 February 2021 Decision date: 05 February 2021 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member J Kearney, Senior Member Decision: (1) Extend the time for lodging the appeal to 14 July 2020. (2) Leave to appeal is refused, to the extent it is required. (3) The appeal is dismissed. Catchwords: LEASES AND TENANCIES - residential tenancy – alleged breaches by landlord of right to quiet enjoyment, premises not fit for habitation and repair obligation-alleged noise from plumbing system-noise recordings by Tenant-insufficient proof of breach. CIVIL PROCEDURE -apprehended bias-telephone hearing-exchange between one party and the Tribunal whilst other party's telephone connection lost-exchange after Tribunal had expressed its conclusions about claimed breaches and substance of its decision-bias allegation rejected-alleged procedural unfairness. APPEALS-extension of time for lodgment of appeal-adequacy of reasons-alleged application of the wrong tests- no error of law-no error otherwise warranting leave to appeal. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2014 (NSW) Residential Tenancies Act 1987 (NSW) Category: Principal judgment Parties: Maria Dugtong (Appellant) Affordable Housing Pty Ltd (Respondent) Representation: Appellant (Self Represented) M Everleigh (Agent) (Respondent) File Number(s): AP 20/30386 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 9 April 2020 and 22 June 2020 Before: J Rose, General Member File Number(s): RT 20 /05521 and RT 20/19929