Skatulski v Daraya Holdings Pty Ltd [2021] NSWCATAP 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Skatulski v Daraya Holdings Pty Ltd [2021] NSWCATAP 134 Hearing dates: 6 May 2021 Date of orders: 14 May 2021 Decision date: 14 May 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Goldstein, Senior Member Decision: Appeal dismissed. Catchwords: LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) – repairs – damage – sufficiency of evidence of damage - rent - excessive rent – reduction of services or facilities – discretion – reduction not warranting reduction of rent – no error in exercise of discretion Legislation Cited: Civil and Administrative Tribunal Regulation 2013 (NSW), Sch 1 cl 2(2) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 House v The King (1936) 55 CLR 499; [1936] HCA 40 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Lauron v Michael [2021] NSWCATAP 120 Texts Cited: Nil Category: Principal judgment Parties: Mikolaj Skatulski (First Appellant) Izabela Skatulski (Second Appellant) Daraya Holdings Pty Ltd (Respondent) Representation: M Skatulski (on behalf of both Appellants) R Sammons (Managing Agent) (Respondent) File Number(s): 2021/00061987 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 15 February 2021 Before: P Smith, General Member File Number(s): RT 20/41092