Torpey v Stewart [2021] NSWCATAP 248

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Torpey v Stewart [2021] NSWCATAP 248 Hearing dates: 20 July 2021 Date of orders: 30 August 2021 Decision date: 30 August 2021 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member P Durack SC, Senior Member Decision: (1) The appeal is allowed in part. (2) Set aside the Tribunal's orders made on 25 March 2021 but only in so far as those orders dismissed the appellant's claim for mental distress and aggravated damages resulting from the respondents' breaches of contract relating to the "lock out" of the appellant from the residential tenancy premises on 27 April 2020. (3) Remit the claims referred to in order (2) to a differently constituted Tribunal for redetermination upon the evidence already adduced to the Tribunal at first instance and such further evidence as the Tribunal may allow. Catchwords: LANDLORD and TENANT - Residential Tenancies Act 2010 (NSW) - residential tenancy - unlawful "lock out" of tenant - claim for mental distress -claim for aggravated damages - claim for a rent reduction APPEALS - error of law - claim for mental distress not precluded by Part 2 of the Civil Liability Act 2002 (NSW) - inadequate reasons concerning aggravated damages claim - no other appellable error Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80, Sch 4, cl 12 Civil Liability Act 2002 (NSW), Pt 2, s 16 Residential Tenancies Act 2010 (NSW), ss 18, 44, 50, 81, 82, 85, 120, 187 Cases Cited: Baltic Shipping Co v Dillon (1993) 176 CLR 344; [1993] HCA 4 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Corcoran v Far [2018] NSWCATAP 13 Hadley v Baxendale (1854) 156 ER 2964 145 Makowska v St George Community Housing Ltd [2020] NSWCATAP 159 Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560; [2019] HCA 32 Moore v Scenic Tours Pty Ltd (2000) 268 CLR 326; [2020] HCA 17 New South Wales v Ibbett (2005) 65 NSWLR 168; [2005] NSWCA 445 NSW Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Pan v Malveholm [2021] NSWCATAP 101 Pont v Connolly-Bishop [2018] NSWCATAP 160 Tralee Technology Holdings Pty Limited v Yun Chen [2015] NSWSC 1259 Category: Principal judgment Parties: Amanda Torpey (Appellant) Terence Stewart and Beverly Stewart (Respondents) Representation: I Medin (Agent) (Appellant) Respondents (Self-Represented)