Mao v Nove [2022] NSWCATAP 374

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mao v Nove [2022] NSWCATAP 374 Hearing dates: 7 November 2022 Date of orders: 5 December 2022 Decision date: 05 December 2022 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Goldstein, Senior Member Decision: 1. Appeal dismissed. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — alleged breaches by the tenant – findings of fact – no error established in the factual findings – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl 12(1)(c) Residential Tenancies Act 2010 (NSW), ss 51(3)(a), 52(1), 52(1B), 63(1) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Texts Cited: Nil Category: Principal judgment Parties: Xiaoyan Claudia Mao (Appellant) Jolyon Emanuel Nove (Respondent) Representation: R Ding (Agent) ( Appellant) No appearance by the Respondent File Number(s): 2022/00268544 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 6 September 2022 Before: S De Jersey, General Member File Number(s): RT 22/27170

REASONS FOR DECISION 1. In this appeal the appellant ("landlord"), assisted by her husband and an interpreter, appeals from the Tribunal's decision dismissing her claim against the respondent ("tenant") for an occupation fee, charges for the reconnection of electricity and the cost of replacement carpet.