Boughen v Kumar & Paentia [2021] NSWCATAP 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boughen v Kumar & Paentia [2021] NSWCATAP 116 Hearing dates: 4 March 2021 Date of orders: 5 May 2021 Decision date: 05 May 2021 Jurisdiction: Appeal Panel Before: L Wilson, Senior Member M Gracie, Senior Member Decision: (1) Grant leave to appeal. (2) Allow the appeal in part. (3) Vary the money order (Order 1) made by the Tribunal on 11 December 2020 by ordering the appellant to pay the respondents the sum of $1,641.20. (4) Within 28 days, the respondents repay to the appellant any amounts received by them from the appellant and the Rental Bond Board in excess of $1,641.20. (5) Otherwise, affirm the orders of the Tribunal of 11 December 2020. (6) If the appellant seeks an order for costs, he is to file and serve an application for costs together with supporting submissions which are not to exceed 5 pages, within 28 days of the date of this decision, and to address whether a hearing on the question of costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (7) If the respondents oppose any application for costs made by the appellant, they are to file and serve any submissions in response not to exceed 5 pages within 14 days of receipt of the appellant's submissions, and to address whether a hearing on the question of costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (8) Any submissions in reply by the appellant are not to exceed 2 pages and are to be filed and served within 10 days of receipt of the respondents' submissions Catchwords: RESIDENTIAL TENANCY - tenant vacated property - breach of residential tenancy agreement - part of decision of the Tribunal based on acceptance of expert reports - methamphetamine testing - failure to establish qualifications and expertise - failure to explain testing methodology and results - unexplained discrepancies in expert reports - part of decision of Tribunal against the weight of the evidence - leave to appeal - appeal allowed in part Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancy Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Texts Cited: Nil Category: Principal judgment Parties: Brendan Boughen (Appellant) Devendra Kumar (First Respondent) Suman Paentia (Second Respondent) Representation: Simplicity Law (Appellant) Stockton Grange Real Estate (Respondents) File Number(s): 2020/00371265 (AP 20/53800) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 11 December 2020 Before: J Lynch, Tribunal Member File Number(s): RT 20/39673