Simion v de Beer [2021] NSWCATAP 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Simion v de Beer [2021] NSWCATAP 41 Hearing dates: 3 February 2021 Date of orders: 22 February 2021 Decision date: 22 February 2021 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member D Charles, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: APPEAL – residential tenancy – claim by tenant for compensation for goods destroyed by mould – evidence not admitted at the hearing before the Member – no error of law – no substantial miscarriage of justice – leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Brennan v New South Wales Land and Housing Corporation [2011] NSWCA 298; (2011) 83 NSWLR 23 Calin v Greater Union Organisation Pty Ltd (1991) 173 CLR 33; [1991] HCA 23 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Florentina Simion (Appellant) Johannes Jacob de Beer (Respondent) Representation: Appellant (Self Represented) Respondent (Self Represented) File Number(s): AP 20/43474 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 1 October 2020 Before: D Moss, Member File Number(s): RT 20/33932