Nicholson v Webber [2023] NSWCATCD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nicholson v Webber [2023] NSWCATCD 65 Hearing dates: 27 April 2023 Date of orders: 14 June 2023 Decision date: 14 June 2023 Jurisdiction: Consumer and Commercial Division Before: J Alder, General Member Decision: 1.The rent shall not exceed $875 per week as from 8 March 2022 until 30 November 2022. 2.The respondents are to pay the applicants the sum of $4,750 by way of refund of rent, such amount to be paid immediately. 3.The respondents are to pay the applicants the sum of $1,000 by way of compensation for breach of the covenant of quiet enjoyment, such amount to be paid immediately. 4. Pursuant to s 64 of the Civil and Administrative Tribunal Act, an interim order that the medical document emailed in error to the respondents by Mr Daniel Nicholson, the first applicant is not be disclosed by the respondents (or their agent) to any third party until further order. If the respondents oppose the interim order, they are to provide written submissions within 7 days of these Orders as to why it should be disclosed, failing which the order becomes permanent. 5. The applicants' claim is otherwise dismissed Catchwords: LANDLORD AND TENANT - withdrawal or reduction of services – loss of enjoyment of premises - duty to repair –assessment of damages Legislation Cited: Residential Tenancies Act (NSW) 2010, ss 44, 50, 63, 65, 187(1)(d) and 190 Cases Cited: Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9. Moore v Scenic Tours Pty Ltd [2020] HCA 17 Baltic Shipping Co v Dillon (1993)176 CLR 344; [1993] HCA 4 Torpey v Stewart [2021] NSWCATAP 248 Kork v Merheb [2021] NSWCATAP 349 Sewell v Zvirblis [2022] NSWCATAP 337 Advance Fitness Corporation Pty Ltd v Bondi Diggers Memorial & Sporting Club Ltd [1999] NSWSC 264 Category: Principal judgment Parties: Daniel Nicholson and Matthew Vogts (applicants) Kimberley Webber and Roy Macleod (respondents) Representation: Applicants: self-represented by Mr Nicholson Respondents: represented by Ms Schubert of Di Jones Real Estate Neutral Bay File Number(s): RT 23/00476 Publication restriction: Nil