Aquino v SPL Living Pty Ltd [2022] NSWCATCD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Aquino v SPL Living Pty Ltd [2022] NSWCATCD 120 Hearing dates: 14 July 2022 Date of orders: 31 August 2022 Decision date: 31 August 2022 Jurisdiction: Consumer and Commercial Division Before: J Searson, General Member Decision: 1. Pursuant to s 11 of the Residential Tenancies Act 2010 the Tribunal declares that the agreement between the parties in respect of Room 1 / 6a Waterford Close Ashtonfield NSW 2323 is a residential tenancy agreement. 2. The application is otherwise dismissed. Catchwords: RESIDENTIAL TENANCIES – whether premises are a boarding house – whether occupancy agreement is a residential tenancy agreement, uncollected goods. Legislation Cited: Boarding Houses Act 2012 Residential Tenancies Act 1987 Residential Tenancies Act 2010 Uncollected Goods Act 1995 Cases Cited: Bowles v Preston (Tenancy) [2009] NSWCTTT 655 Ellis v City Woman's Hostel (RTT 97/022789, 15 June 1998) Guider v O'Neil [2019] NSWCAT Pryor v Costa & Maroulis (Tenancy) [2005] NSWCTT 555 Pupuke v Stratford [2016] NSWCATAP 7 Sutcliffe v Hennessy [2017] NSWCATCD 77 Walker v Puvesi (RTT 86/6) Texts Cited: Anforth, Christensen and Adkins, Residential Tenancies Law and Practice NSW (7th ed, 2017, Federation Press) Category: Principal judgment Parties: Diosa Pingy Aquino (Applicant) SPL Living Pty Ltd (First Respondent) Sanctuary Place Pty Ltd (Second Respondent) Representation: Solicitors: John Mackenzie (Applicant) Jacqui Whiteford (First and Second Respondents) File Number(s): RT22/09453, GEN22/09457 Publication restriction: Nil