Tanner v NSW Land and Housing Corporation [2023] NSWCATCD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tanner v NSW Land and Housing Corporation [2023] NSWCATCD 24 Hearing dates: 16 February 2023 Date of orders: 22 February 2023 Decision date: 22 February 2023 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The respondent is to pay the applicant the sum of $4,545.71 immediately. If you do not receive the money payable to you as directed by this order, you can get a certified copy of this money order from NCAT. You can then register it with the Local or District Court to enforce the order. For more information about enforcing money orders, visit the NCAT website www.ncat.nsw.gov.au. Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) — Repairs — Landlord's duty – whether the tenant is entitled to compensation for the breach of the covenant for quiet enjoyment by the landlord – no compensation awarded for additional living expenses - compensation awarded for distress Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 28, 29, 59, Sch 4 cl 3 Residential Tenancies Act 2010 (NSW), ss 44, 50, 187 Cases Cited: Aboriginal Housing Office v Harrison [2021] NSWCATAP 97 Hawkesbury Nominees Pty Ltd v Battik Pty Ltd [2000] FCA 185 Hyndes v Maddak Pty Ltd [2021] NSWCATAP 302 Texts Cited: None cited Category: Principal judgment Parties: Janine Tanner (Applicant) NSW Land and Housing Corporation (Respondent) Representation: L Pope (Tenant Advocate) (Applicant) R Issa (Respondent) File Number(s): SH 22/47010 Publication restriction: Nil