Zhang v Pollasky [2023] NSWCATAP 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zhang v Pollasky [2023] NSWCATAP 154 Hearing dates: 29 May 2023 Date of orders: 08 June 2023 Decision date: 08 June 2023 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Blake AM SC, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is otherwise dismissed. Catchwords: APPEALS — Leave to appeal — Principles governing – leave to appeal refused LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) - Quiet enjoyment – Compensation for breach by the landlord Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 80, 81, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Residential Tenancies Act 2010 (NSW), ss 98, 98A, 175, 187 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Herne Investments (NSW) Pty Ltd v Don Watson Pty Ltd [2016] NSWCA 72 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Xiaoying (Rose) Zhang (Appellant) Mark Lear Pollasky and Heidy Fatima Jameel (Respondents) Representation: Appellant (Self-represented) Respondents Self-represented) File Number(s): 2023/00112048 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 24 March 2022 Before: D Ash, General Member File Number(s): RT 22/43948; RT 22/44193