Stokes v Zarimis [2021] NSWCATCD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stokes v Zarimis [2021] NSWCATCD 23 Hearing dates: 30 April 2021 Date of orders: 8 June 2021 Decision date: 07 June 2021 Jurisdiction: Consumer and Commercial Division Before: J Rose, General Member Decision: The application is dismissed because, having considered the material placed before it, the Tribunal is not satisfied (at the civil standard of proof) that the grounds required to make the orders sought have been established. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Rent — abatement of rent — whether premises became partly uninhabitable during the term of the tenancy agreement LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Repairs Legislation Cited: Residential Tenancies Act 1997 (ACT) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Beerby v NSW Department of Housing [1996] NSWRT 216 Briginshaw v Briginshaw (1938) 60 CLR 336 De Soleil v Palmhide Pty Ltd [2010] NSWCTTT 464 Finn v Finato [2004] NSWCTTT 179 Gray v Queensland Housing Commission [2004] QSC 276 Hampel v South Australian Housing Trust [2007] SADC 64 Mohr v Marks [1991] NSWRT 172 Morgan v Liverpool Corporation [1927] 2 KB 131 Proudfoot v Hart (1890) 25 QBD 42 Re Newal [2003] ACTSC 31 Summers v Salford Corporation [1943] AC 283 Tabert v NSW Land and Housing Corporation [2001] NSWCA 182 Warner v Hung, in the matter of Bellpac Pty Limited (Receivers and Managers Appointed) (In Liquidation) (No 2) [2011] FCA 1123 Texts Cited: Nil Category: Principal judgment Parties: Josie Stokes (Applicant) Elisse Zarimis (Respondent) File Number(s): RT 21/06235 Publication restriction: Nil