Kaye v Mission Australia Housing Limited [2023] NSWCATAP 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kaye v Mission Australia Housing Limited [2023] NSWCATAP 114 Hearing dates: 8 September 2022 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member G Sarginson, Senior Member Decision: (1) Leave to appeal is refused. (2) Appeal dismissed. Catchwords: APPEAL---Leases and tenancies ---Residential Tenancies Act 2010--- Social housing---Loss of quiet enjoyment---Claim for compensation by tenant---Limitation period---Refusal to extend limitation period---Whether error of law established---Whether leave to appeal should be granted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 House v The King [1936] HCA 40; (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Makowska v St George Community Housing [2022] NSWCA 5 Makowska v St George Community Housing Ltd [2021] NSWCATAP 198 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 at [19]-[24] Texts Cited: None cited Category: Principal judgment Parties: Wendy Kaye (Appellant) Mission Australia Housing Limited (Respondent) Representation: Appellant (Self-Represented) S Giovanelli (Respondent) File Number(s): 2022/00160082 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 18 May 2022 Before: M McCue, General Member File Number(s): RT 20/40954