Pan v Malveholm [2021] NSWCATAP 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pan v Malveholm [2021] NSWCATAP 101 Hearing dates: 13 April 2021 Date of orders: 22 April 2021 Decision date: 22 April 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J Kearney, Senior Member Decision: 1. Appeal upheld. 2. The decision of the Tribunal at first instance is set aside. 3. The whole of the case as originally put to the Tribunal is to be re-determined by the Tribunal as originally constituted in accordance with law and these reasons. 4. The re-determination of the case should occur without further evidence from the parties unless the Tribunal otherwise grants leave. 5. The parties are to be afforded the opportunity to make further submissions to the Tribunal prior to the re-determination of the matter. Catchwords: LEASES AND TENANCIES – excessive rent – reduction or withdrawal of goods, services or facilities – reduction or withdrawal must be by the landlord – covenant to provide the residential premises in a reasonable state of cleanliness and fit for habitation - covenant to provide and maintain the residential premises in a reasonable state of repair Legislation Cited: Residential Tenancies Act 2010 (NSW), ss 44(1)(b), 52(1)-(1B), 63 Residential Tenancies Act 1987 (NSW), s 47(1) Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Eliezer v Residential Tribunal (2001) 53 NSWLR 657; [2001] NSWSC 1092 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Texts Cited: Nil Category: Principal judgment Parties: Kristy Pan (Appellant) Sanna Malveholm (First Respondent) James Pralija (Second Respondent) Representation: E Quach (Agent) (Appellant) Second Respondent (on behalf of both Respondents) File Number(s): 2021/00056064 (AP 21/03841) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 07 January 2021 Before: A Lynch, General Member File Number(s): RT 20/37331