Gawronski v NSW Land and Housing Corporation [2023] NSWCATCD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gawronski v NSW Land and Housing Corporation [2023] NSWCATCD 34 Hearing dates: 15 November 2022 and 16 February 2023 Date of orders: 09 May 2023 Decision date: 09 May 2023 Jurisdiction: Consumer and Commercial Division Before: C Campbell, General Member Decision: 1. The tenant's rent is not to exceed $30 per week from 16 June 2022 to 06 July 2022 in accordance with s 44(1)(b) of the Residential Tenancies Act 2010. 2. The application is otherwise dismissed. Catchwords: Rent reduction – Compensation – Res judicata - contempt Legislation Cited: Residential Tenancies Act 2010 Cases Cited: Port of Melbourne Authority v Anshun 147 CLR 589 Category: Principal judgment Parties: Peter Gawronski (Applicant) NSW Land and Housing corporation (Respondent) Representation: Counsel: N/A

Solicitors: N/A File Number(s): SH 22/28829 Publication restriction: NIL

REASONS FOR DECISION

The Application 1. This application seeks the following orders: * An order for the respondent to implement a waste management system as previously ordered by NCAT * Orders pursuant to section 63(1) and 44(1)(b) of the Residential Tenancies Act 2010 ("the Act) 1. The applicant appeared in person and the respondent was represented by its in-house tenant advocate Mr White. 2. Under the heading REASONS FOR ORDERS in the application is the following: Housing are in breach of 5 court orders. I'm making an application that housing should be taken to the Supreme Court for contempt of said orders. 1. The cover sheet on the tenant's bundle of evidence filed in the tribunal on the 10 October 2022 states inter alia: Just a note to make it clear of my intentions in SH 22/28829 Land and Housing Corporation is in breach of orders by NCAT to implement a new waste management system on our buildings. This has not happened, they are in contempt of said orders. I have made it clear in my application or so I thought that this was my intention. Put simply LAHC NSW should be taken up to the Supreme Court for this matter to be heard as a contempt of NCAT previous orders….