Screations Pty Ltd v Fraser [2022] NSWCATAP 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Screations Pty Ltd v Fraser [2022] NSWCATAP 16 Hearing dates: 29 September 2021 Date of orders: 21 January 2022 Decision date: 21 January 2022 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member L Wilson, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. Catchwords: APPEAL – residential tenancy – claim for damage to goods, inability to fully utilise premises and non-economic loss - decision said to be not fair and equitable and against the weight of the evidence – no substantial miscarriage of justice – leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Bowers v Karai [2021] NSWCATAP 316 Calin v Greater Union Organisation Pty Ltd (1991) 173 CLR 33; [1991] HCA 23 Collins v Urban [2014] NSWCATAP 17 Hampton v Court Ltd v Crooks (1957) 97 CLR 36Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Category: Principal judgment Parties: Screations Pty Ltd (Appellant) Jaimee Fraser (Respondent) Representation: Appellant (Self-Represented) Respondent (Self-Represented) File Number(s): 2021/00207991 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 9 July 2021 Before: C Pirina, General Member File Number(s): RT 21/20430