McGann v St George Community Housing [2021] NSWCATAP 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McGann v St George Community Housing [2021] NSWCATAP 43 Hearing dates: 4 December 2020 Date of orders: 25 February 2021 Decision date: 25 February 2021 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Robertson, Senior Member Decision: (1) To the extent leave is required, leave to appeal is refused. (2) The appeal is dismissed. Catchwords: LANDLORD & TENANT-social housing residential tenancy-claims for compensation and reduced rent-new points on appeal not permitted – new evidence not presented to Tribunal - no appealable error established. Legislation Cited: Civil and Administrative Tribunal Act (NSW) (2013) Residential Tenancies Act (NSW) (2010) Residential Tenancies Regulation 2019. Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Coulton v Halcombe [1986] HCA 33; 162 CLR 1 Hudson v Arp 1 (NSW) Pty Ltd [2014] NSWCATAP 31 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Suttor v Gundowda Pty Ltd [1950] HCA 35; 81 CLR 418 at 438 Category: Principal judgment Parties: David McGann (First Appellant) Annielea McGann (Second Appellant) St George Community Housing (Respondent) Representation: Appellants (Self Represented) Respondent (Self Represented) File Number(s): AP 20/41446 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: 11 September 2020 Before: D Ash, General Member File Number(s): SH 20/11390