Kork v Merheb [2021] NSWCATAP 349

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kork v Merheb [2021] NSWCATAP 349 Hearing dates: 12 October 2021 Date of orders: 16 November 2021 Decision date: 16 November 2021 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member G Curtin SC, Senior Member Decision: (1) The appeal in relation to the award of $280.00 to the respondents by the appellant for urgent repairs is upheld. (2) The balance of the appeal is dismissed. (3) Order 1 made by the Tribunal on 14 July 2021 is set aside. (4) Order 2 made by the Tribunal on 14 July 2021 is varied by substituting the sum of $3,342.86 for the sum of $3,622.86 referred to in that Order. Catchwords: ADMINISTRATIVE LAW — particular administrative bodies — NSW Civil and Administrative Tribunal – procedural fairness – late served evidence not admitted – refusal of adjournment application so that late served evidence could be admitted - denial of procedural fairness cannot be generated by a deliberate or conscious decision not to comply with the Tribunal's directions of which sufficient notice had been given LEASES AND TENANCIES – difference between rent reduction for reduction or withdrawal of services, goods or facilities under s 44 of the Residential Tenancies Act 2010 (NSW) and damages for breach of the covenant for quiet enjoyment Legislation Cited: Residential Tenancies Act 2010 (NSW), ss 44, 50, 62, 64, 187(1)(d) Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 EFQ (a pseudonym) v Medical Council of New South Wales [2021] NSWCA 167 House v The King (1936) 55 CLR 499; [1936] HCA 40 Makowska v St George Community Housing Ltd [2021] NSWSC 287 Martins Camera Corner Pty Ltd v Hotel Mayfair Ltd [1976] 2 NSWLR 15 Moloney v Taylor [2016] NSWCA 199 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Texts Cited: Nil Category: Principal judgment Parties: Michael Kork (Appellant) Assya Merheb (First Respondent) Mohamed Elhallak (Second Respondent) Representation: Appellant in person First Respondent in person and on behalf of the Second Respondent File Number(s): 2021/00215190 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 14 July 2021 Before: S De Jersey, General Member File Number(s): RT 21/12935