Greco v NSW Land & Housing Corporation [2021] NSWCATCD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Greco v NSW Land & Housing Corporation [2021] NSWCATCD 25 Hearing dates: 17 May 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Consumer and Commercial Division Before: M Deane, Senior Member Decision: 1 The rent shall not exceed $170.00 per week as from 16 December 2020 to 1 May 2021; 2 any rent paid by, or on behalf of, the tenant in excess of that amount is to be refunded through an adjustment to the rent ledger within 14 days of these orders and 3 the respondent is to pay the applicant $500 by way of compensation for breach of his right to quiet enjoyment, such amount to be paid immediately. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Social housing – Home invasion — Consent order for repairs – Claim for non-economic loss Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 36 Residential Tenancies Act 2010 (NSW) ss 43, 44, 45, 187, 190 Residential Tenancies Regulation 2019 (NSW) cl 39(9) Civil Liability Act 2002 (NSW) ss 3, 16 Cases Cited: Advance Fitness Corporation Pty Ltd v Bondi Diggers Memorial & Sporting Club Ltd [1999] NSWSC 264 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Makowska v St George Community Housing Ltd [2021] NSWSC 287 Makowska v St George Community Housing Ltd [2020] NSWCATAP 159 Moore v Scenic Tours Pty Ltd [2020] HCA 17 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Category: Principal judgment Parties: Giuseppe Greco (Applicant) NSW Land & Housing Corporation (Respondent) File Number(s): SH 20/52622 Publication restriction: Nil