Kitchener v Clements [2022] NSWCATAP 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kitchener v Clements [2022] NSWCATAP 19 Hearing dates: 10 January 2022 Date of orders: 27 January 2022 Decision date: 27 January 2022 Jurisdiction: Appeal Panel Before: The Hon Cowdroy AO QC ADCJ, Principal Member G Curtin SC, Senior Member Decision: (1) The decision under review be quashed pursuant to section 81(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) Proceedings RT 21/31889 be remitted to the Tribunal, differently constituted, for determination according to law. (3) The issue of whether an extension of time should be granted under section 41(1) of the Civil and Administrative Tribunal Act 2013 (NSW) in which to bring the appellants' claims is to be determined by the Tribunal. (4) The respondent is to be notified of these orders in accordance with the order made by the Tribunal on 3 December 2021, namely by sending correspondence and material to the respondent's email address referred to in the Tribunal's order. Catchwords: APPEALS – Residential Tenancies Act 2010 – claim for compensation by tenants for psychological and physical injury, and damage to property arising out of presence of mould in premises – claim for reduction in rent – claims by tenants made outside of the statutory time limits – tenants requesting extension of time in which to bring claims – Tribunal decision made without extending time in which to bring the claims – decision thereby invalid – proceedings remitted for fresh hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil Liability Act 2002 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulations 2019 (NSW) Cases Cited: Habib v State of New South Wales (NSW Police Force) [2014] NSWCATAP 70 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Category: Principal judgment Parties: Thomas Kitchener (First Appellant) Carolin Materna (Second Appellant) Evan Clements (Respondent) Representation: Solicitors: First Appellant (Self-Represented) Second Appellant (Self-Represented) No appearance (Respondent) File Number(s): 2021/00304586 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: 29 September 2021 Before: K Rickards, General Member File Number(s): RT 21/31889