Ballesfin v Jung & SJ Super Holdings Pty Ltd [2022] NSWCATAP 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ballesfin v Jung & SJ Super Holdings Pty Ltd [2022] NSWCATAP 50 Hearing dates: On the papers Date of orders: 23 February 2022 Decision date: 23 February 2022 Jurisdiction: Appeal Panel Before: S Thode, Senior Member P H Molony, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: LEASES AND TENANCIES –damages for breach of the covenant for quiet enjoyment –boarding house occupancy principles Legislation Cited: Boarding House Act 2012 Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 (Full Fed Ct), [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Craig v South Australia (1995) 184 CLR 163 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Gina Ballesfin (Appellant) Keungcick (John) Jung (First Respondent) SJ Super Holdings Pty Ltd (Second Respondent) Representation: Appellant (Self Represented) First Respondent (Self Represented) K Jung (Second Respondent) File Number(s): 2021/00227530 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 28 April 2021 Before: General Member J Alder File Number(s): RT 20/51325