Xu v Awad [2021] NSWCATAP 209

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Xu v Awad [2021] NSWCATAP 209 Hearing dates: 02 July 2021 Date of orders: 09 July 2021 Decision date: 09 July 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member S Goodman SC, Senior Member Decision: (1) The time to appeal is extended up to and including 5 May 2021. (2) Appeal upheld. (3) Order 1 made by the Tribunal on 15 April 2021 is varied to substitute the sum of $1,924.60 for the sum of $4,851.80 referred to in that Order. Catchwords: LEASES AND TENANCIES — rent and outgoings — recovery of rent — errors in calculation — no question of principle LEASES AND TENANCIES — repairs, maintenance and alterations — obligation to repair and maintain — breach — unreasonably lengthy time to repair — damages — no question of principle Legislation Cited: Residential Tenancies Act 2010 (NSW), ss 56, 61(2), 63 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Voitenko v Zurich Australian Insurance Ltd [2019] NSWCA 229 Texts Cited: Nil Category: Principal judgment Parties: Song Xin Xu (Appellant) Michael Awad (Respondent) Representation: Appellant (self-represented) Respondent (self-represented) File Number(s): 2021/00124758 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not reported Date of Decision: 15 April 2021 Before: J Levingston, General Member File Number(s): RT 21/01078; RT 21/6061; RT 21/10588