Thomas v Godbolt [2021] NSWCATAP 318

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Thomas v Godbolt [2021] NSWCATAP 318 Hearing dates: 22 July 2021 Date of orders: 18 October 2021 Decision date: 18 October 2021 Jurisdiction: Appeal Panel Before: S Thode, Senior Member D Robertson, Senior Member Decision: 1. Appeal allowed in part. 2. The Orders made by the Tribunal on 12 July 2021 in proceedings RT 21/04718 are varied as follows: a) Order 1 is varied to substitute the sum of $1,749 for the sum of $15,000. b) Order 2 is varied to substitute the sum of $5400 for the sum of $5938. 3. The respondents are to pay $13,789 to the appellant, by way of restitution of moneys paid in excess of the amounts to which the respondents were entitled, within 14 days of the date of publication of this decision. Catchwords: LEASES AND TENANCIES – Breach of tenancy agreement - No evidence – Assessment of damages Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Bridgford v Brien [2017] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 House v The King (1936) 55 CLR 499; [1936] HCA 40 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69; Category: Principal judgment Parties: Stephen Thomas (Appellant) Peter Godbolt and Charlotte Godbolt (Respondents) Representation: S Hitchman (agent) (Appellant) Peter Godbolt (Respondents) File Number(s): 2021/00153161 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 12 July 2021 Before: P Thew, General Member File Number(s): RT 21/04718