Forest v Suzanne [2022] NSWCATAP 292

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Forest v Suzanne [2022] NSWCATAP 292 Hearing dates: 14 June 2022 Date of orders: 8 September 2022 Decision date: 08 September 2022 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Burton SC, Senior Member Decision: Leave to appeal is refused and the appeal is dismissed Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – Quiet enjoyment – shared accommodation – breakdown in relationship between flatmates EVIDENCE – Surveillance Devices Act 2007 – unauthorised recording – admissibility where rules of evidence do not apply – discretion to admit – factors relevant to exercise of discretion. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Surveillance Devices Act 2007 (NSW) Surveillance Devices Act 1998 (WA) Cases Cited: BTK v The Public Guardian [2015] NSWCATAP 89 Collins v Urban [2014] NSWCATAP 17 Corby v Corby [2015] FCCA 1099 Georgiou Building Pty Ltd v Perrinepod Pty Ltd [2012] WASC 72 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Uren v John Fairfax & Sons Pty Ltd [1966] HCA 40; (1966) 117 CLR 118 Walter Vignoli v Sydney Harbour Casino Pty Ltd & Anor [1999] NSWSC 1227 Texts Cited: Nil Category: Principal judgment Parties: Wendy Forest (Applicant) Emma-Louise Suzanne (Respondent) Representation: Applicant (Self-represented) Respondent (Self-represented) File Number(s): 2022/00060313 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 15 February 2022 Before: S Hanstein, General Member File Number(s): RT 21/41203