Compass Housing Services Co Limited t/as Home in Place v Gower [2023] NSWCATAP 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Compass Housing Services Co Limited t/as Home in Place v Gower [2023] NSWCATAP 24 Hearing dates: 30 January 2023 Date of orders: 1 February 2023 Decision date: 01 February 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member G Burton SC, Senior Member Decision: (1) The appeal is dismissed. (2) There is no order as to the costs of the appeal. Catchwords: APPEALS — From exercise of discretion — Regard to irrelevant considerations APPEALS — Procedural fairness — Failure to give reasons — Adequacy of reasons LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Quiet enjoyment – order for compensation of breach of quiet enjoyment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 81 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Civil Liability Act 2002 (NSW), Pt 2 Residential Tenancies Act 2010 (NSW), ss 50, 51 Cases Cited: Free v Thomas [2009] NSWSC 642 House v R (1936) 55 CLR 499; [1936] HCA 40 Jackson v Goldsmith (1950) 81 CLR 446; [1950] HCA 22 Jones v Bradley [2003] NSWCA 81 Kinch v Walcott [1929] AC 482 Li v Bonestroo [2022] NSWCATAP 2 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24; [1986] HCA 40 Moore v Scenic Tours Pty Limited (No.2) [2017] NSWSC 733 Moore v Scenic Tours Pty Ltd (No.4) [2022] NSWSC 270 NSW Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Origin Concepts Pty Ltd v Wynne [2022] NSWCATAP 31 P8 Auto Ltd t/as European Automotive Ballina v Dolling [2022] NSWCATAP 41 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Torpey v Stewart [2021] NSWCATAP 248 Texts Cited: Spencer Bower and Handley: Res Judicata, KR Handley (LexisNexis, 5th ed, 2019) Category: Principal judgment Parties: Compass Housing Services Co Limited t/as Home in Place (Appellant) Shane Gower (Respondent) Representation: K Hall (Agent) (Appellant) Respondent (Self-represented) File Number(s): 2022/00335615 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 24 October 2022 Before: I Archibald, Senior Member File Number(s): SH 22/31480