Hu v Roggeveen [2022] NSWCATAP 295

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hu v Roggeveen [2022] NSWCATAP 295 Hearing dates: 31 May 2022 Date of orders: 9 September 2022 Decision date: 09 September 2022 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member S Higgins, Senior Member Decision: (1) Extend the time for the filing of the appeal to 10 December 2021. (2) Allow the appeal. (3) Vary the orders made in the Consumer and Commercial Division of the Tribunal in proceedings RT 21/20148 on 27 October 2021 (as amended on 15 November 2021) so that: (a) Order (1)(b) shall read "the rent under the residential tenancy agreement shall not exceed the sum of $892.56 per week from 15 May 2020 to 9 May 2021." and (b) Order 2 shall be varied by substituting the sum of $5,000 for the sum of $9,561.92. Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2021 (NSW) – s 44 – Order that rent excessive by reason of the withdrawal of services or facilities – Approach to the assessment of the appropriate reduction in rent APPEAL – Question of law – Inadequacy of reasons – Obligation to disclose the process of reasoning leading to the conclusions reached Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Baltic Shipping Company v Dillon [1993] HCA 4; (1993) 176 CLR 344, at 364 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Fawzi El–Saiedy v NSW Land and Housing Corporation [2011] NSWSC 820 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jamaican Coffee Kitchen Pty Ltd trading as Dushan & Shelby Trust v M20 Pty Ltd [2022] NSWCATAP 203 Makowska v St George Community Housing Limited [2021] NSWSC 287 Murphy and Gilmour v Blue Haven Pools and Spas Pty Ltd [2007] NSWCTTT 626 NSW Roads and Traffic Authority v Swain [1997] NSWSC 181 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Prior v Al-Ali [2020] NSWCATAP 222 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Texts Cited: Anforth and others, Residential Tenancies Law and Practice New South Wales, 7th edition 2017 Category: Principal judgment Parties: Suling Hu (Appellant) Inge Roggeveen (Respondent 1) Nicholas Barr (Respondent 2) Representation: Appellant (Self Represented) Respondent 1 (Self Represented) Respondent 2 (Self Represented) File Number(s): 2021/00351024 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: NA Date of Decision: 27 October 2021 Before: J Rose, General Member File Number(s): RT 21/20148