Harvey v Beachcomber Drive Pty Ltd [2022] NSWCATAP 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Harvey v Beachcomber Drive Pty Ltd [2022] NSWCATAP 29 Hearing dates: 27 January 2022 Date of orders: 09 February 2022 Decision date: 09 February 2022 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member S Thode, Senior Member Decision: 1. In respect of matter RT 21/24766: (a) to the extent that the appeal raises errors of law, the appeal is dismissed; (b) to the extent that the appeal raises errors other than errors of law, leave to appeal refused. 2. In respect of matter RT 21/35758: (a) to the extent that the appeal raises errors of law, the appeal is dismissed; (b) to the extent that the appeal raises errors other than errors of law, leave to appeal refused. Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – termination of residential tenancy agreement at end of fixed term – work orders – rental rebates – compensation for non-economic loss – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – s 80(2)(b) Residential Tenancies Act 2010 (NSW) – s 115 Uncollected Goods Act 1995 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Newark Engineering (NZ) Ltd v Jenkin [1980] 1 NZLR 504 Pacorp Holdings Pty Ltd v Waller [2017] NSWCATAP 167 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69\ Gallagher v Masters Installation Pty Ltd [2017] NSWCATAP 117 Ted Brown Quarries Pty Ltd v General Quarries (Gilston) Pty Ltd (1977) 16 ALR 23 The Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 Troulis v Vamvoukakis [1998] NSWCA 237. Category: Principal judgment Parties: Nicole Harvey (Appellant) Beachcomber Drive Pty Ltd (Respondent) Representation: Appellant: self-represented G Markovic, principal of managing agent (Respondent) File Number(s): 2021/00319131 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 25 November 2021 Before: S Sutherland, Member File Number(s): RT 21/24766, RT 21/35758