Kazacos Investments Pty Ltd atf Kazacos Investments Trust v Maher [2021] NSWCATAP 219

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kazacos Investments Pty Ltd atf Kazacos Investments Trust v Maher [2021] NSWCATAP 219 Hearing dates: 4 May 2021 Date of orders: 20 July 2021 Decision date: 20 July 2021 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member A Boxall, Senior Member Decision: (1) Leave to appeal is refused; (2) The appeal is dismissed. Catchwords: APPEAL – Question of law – Sufficiency of reasons where oral reasons given ex tempore and no request made for written reasons LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – Obligation of landlord to provide and maintain premises in a reasonable state of repair – Premises rendered uninhabitable by mould – Whether Tribunal impermissibly reversed the onus of proof in respect of the cause of the mould Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Bell v Veigel [2008] NSWCA 36 Collins v Urban [2014] NSWCATAP 17 Davies-Evans v MacCulloch [2018] NSWCATAP 253 Keene v Kuhnert [2021] NSWCATAP 65 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6; 388 ALR 257 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231; 100 NSWLR 578 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Spencer v Bamber [2012] NSWCA 274 Todorovic v Moussa [2001] NSWCA 419; 53 NSWLR 463 Texts Cited: Gleeson, M "Revising Transcripts of Summings-Up" (1997) 9 Judicial Officers' Bulletin 25 Category: Principal judgment Parties: Kazacos Investments Pty Ltd as trustee for The Kazacos Investments Trust (Appellant) Colin Maher (Respondent) Representation: Counsel: