Aboriginal Housing Office v Fernando [2021] NSWCATAP 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Aboriginal Housing Office v Fernando [2021] NSWCATAP 95 Hearing dates: On the papers Date of orders: 19 April 2021 Decision date: 19 April 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President M Harrowell, Deputy President Decision: (1) Appeal allowed. (2) Order 4 made in SH20/32861 is set aside. (3) By consent, the Respondent is to pay to the Appellant the sum of $826.78. (4) The amount in order 3 is to be paid by instalments of $50.00 per month, such payments to be made as deduction from the Respondent's Centrelink payments, first payment to be made with 21 days from the date of these orders. Catchwords: RESIDENTIAL TENANCY- cause of action under s 51- whether a claim for compensation can be made before end of tenancy. Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Aboriginal Housing Ltd v William Dennis[2021]NSWCATAP52 Homes North Community Housing v Schwaiger [2020] NSWCATAP 286 Micalleff v Constantin and Marcer (Tenancy) [2013] NSWCTTT 102 (6 March 2013) Susan Trevallion v Vivian Puccini-Scuderi and Peter Puccini [2014] NSWCATCD . Texts Cited: Nil Category: Principal judgment Parties: Aboriginal Housing Office (Appellant) Wendy Fernando (Respondent) Representation: Solicitors: R Fester, Department of Communities and Justice ( Appellant) Respondent (Self-Represented) File Number(s): 2020/00371212 (AP 20/50624) Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: Not applicable Date of Decision: 18 November 2020 Before: P Harris (General Member) File Number(s): SH20/32861