Evans v Charlesworth [2023] NSWCATAP 234

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Evans v Charlesworth [2023] NSWCATAP 234 Hearing dates: 10 July 2023 Date of orders: 23 August 2023 Decision date: 23 August 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President R C Titterton OAM, Senior Member Decision: 1. The time for lodgment of the appeal is extended to the date of lodgment. 2. The appeal is upheld for the limited purpose of increasing the amount of compensation to be paid by the Respondents to the Appellant by $100 and is otherwise dismissed. 3. The Respondents are to pay the Appellant the sum of $100 within 21 days of the date hereof. 4. The Appeal Panel notes that the order for payment of $1,500 at first instance has been complied with. Catchwords: APPEAL- landlord's breach of a residential tenancy agreement-tenant's claims for compensation-error in not considering late evidence concerning expert's relationship with the landlords- evidence concerning landlords actions in cutting off electricity- failure to repair and maintain-claims out of time- whether evidence of adverse health consequences on tenant was persuasive coming from a person not medically qualified. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2021 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 Knight v Oztrack Pty Ltd [2015] NSWCATAP 119 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Renda v Wu [2016] NSWCATAP 238 Texts Cited: Nil Category: Principal judgment Parties: Michael Evans (Appellant) Nathaniel Charlesworth and Antonietta Charlesworth (Respondents) Representation: Jackson Cocks, Tenants Advocate (Appellant) Nathaniel Charlesworth (Respondents) File Number(s): 2023/00135457 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 11 April 2023 Before: G Kinsey, Member File Number(s): RT 22/51546