Nunez v Sampson [2022] NSWCATAP 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nunez v Sampson [2022] NSWCATAP 125 Hearing dates: 7 February 2022 Date of orders: 27 April 2022 Decision date: 27 April 2022 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member M Gracie, Senior Member Decision: 1. The appeal is allowed in respect of the orders for compensation only. 2. Orders 1 and 7 made on 18 November 2021 are set aside. 3. Orders 2,3, and 4, are set aside but only in so far as orders were made for the payment of compensation. 4. In substitution for the orders in respect of compensation made in Orders 1, 2, 3, 4 and 7 made on 18 November 2021 the appellant is to pay the respondent $16,825.00 within 7 days, less any amount of compensation already paid by the appellant to the respondent in respect of the orders made on 18 November 2021. 5. Liberty to the parties to apply to the Appeal Panel for an order as to the specific amount to be paid pursuant to Order 4 in the event there is any dispute about the amount of such compensation, if any, already paid by the appellant to the respondents. 6. The respondents' application for costs in respect of the appeal in the amount of $357.00 for the cost of obtaining the transcript is dismissed. Catchwords: LEASES and TENANCIES – residential tenancy for "luxury premises" – whether premises fit for habitation – whether premises provided in a reasonable state of repair-orders for work to be performed and compensation – damages assessed as exceeding the monetary jurisdiction of the Tribunal and order made which reduced the amount payable to the monetary limit – orders also made for additional payments to be made in respect of some breaches until such time as the repair work was carried out – all breaches rectified by the time of the appeal. APPEALS – error of law because of inadequate reasons as to assessment of compensation-no other appealable error established – compensation re-assessed by Appeal Panel – correct approach to assessment of compensation for inconvenience, discomfort and disappointment – notional reduction in rent applied. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancy Act 2010 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Bhandari v Laming [2015] NSWCATAP 224 Bridgford v Brien [2017] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 English Churches Housing Group v Shine [2004] EWCA Civ 434 Makowska v St George Community Housing Ltd [2020] NSWCATAP 159 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Proudfoot v Hart (1890) 25 QBD 42 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Wallace v Manchester City Council (1990) 30 HLR 1111 Texts Cited: A Anforth, C Adkins and P Christensen, Residential Tenancies Law and Practice New South Wales (7th ed, 2017) Category: Principal judgment Parties: Rosa Nunez (Appellant) John Sampson (Respondent) Representation: Solicitors: Appellant (self-represented) Respondent (self-represented) File Number(s): 2021/00336868 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 18 November 2021 Before: J Levingston, General Member File Number(s): RT 21/36775