Petrovic v Bluelone Pty Ltd atf Mark Hoffman Family Trust [2021] NSWCATAP 364

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Petrovic v Bluelone Pty Ltd atf Mark Hoffman Family Trust [2021] NSWCATAP 364 Hearing dates: 3 November 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member L Wilson, Senior Member Decision: 1. The name of the respondent is varied to Bluelone Pty Ltd atf Mark Hoffman Family Trust. 2. The appeal is dismissed. 3. The decision of the Member is affirmed Catchwords: APPEALS – residential tenancy agreement – damage to property – whether tenant caused damage or damage caused by former husband of tenant during the commission of a domestic violence offence – held tenant did not discharge burden of proof that damage caused by former husband. Legislation Cited: Civil and Administrative Tribunal Act s 81 Crimes (Domestic and Personal Violence) Act 2007 s11 Residential Tenancies Act s 54 Category: Principal judgment Parties: Irena Petrovic (appellant) Bluelone Pty Ltd atf Mark Hoffman Family Trust (respondent) Representation: Women's Legal Service NSW (appellant) M Hoffman (respondent) File Number(s): 2021/00234854 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 02 August 2021 Before: S De Jersey, General Member File Number(s): RT 21/15024.