Hill v Green [2022] NSWCATAP 256

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hill v Green [2022] NSWCATAP 256 Hearing dates: 6 July 2022 Date of orders: 4 August 2022 Decision date: 04 August 2022 Jurisdiction: Appeal Panel Before: R Dubler SC, Senior Member G Curtin SC, Senior Member Decision: 1. Appeal dismissed. 2. Leave to appeal refused. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — quiet enjoyment – obligation to keep premises in a reasonable state of repair – breach – possibility of double compensation where both compensation and reduction of rent sought – double compensation to be avoided Legislation Cited: Residential Tenancies Act 2010 (NSW), s 190(1) Residential Tenancies Regulation 2019 (NSW), reg 39(9) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Makowska v St George Community Housing Ltd [2021] NSWSC 287 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Segenhoe Ltd v Akins (1990) 29 NSWLR 569 So v Dou [2022] NSWCATAP 179 Texts Cited: Nil Category: Principal judgment Parties: Kelley Hill (Appellant) Nicholas Green (Respondent) Representation: Appellant (Self-represented) D Frisina (Managing Agent on behalf of the Respondent) File Number(s): 2022/00122182 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: 21 April 2022 Before: J Rose, General Member File Number(s): RT 21/40901; RT 21/44212