Gibbons v Macutay [2023] NSWCATAP 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gibbons v Macutay [2023] NSWCATAP 255 Hearing dates: 2 August 2023 Date of orders: 08 September 2023 Decision date: 08 September 2023 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Ziegler, Senior Member Decision: 1. The appellant's application for an extension of time in which to lodge the appeal is refused. 2. The appeal is dismissed. Catchwords: LEASES AND TENANCIES-residential tenancy-proceedings in relation to rental bond and other claims by the tenant after the end of the tenancy-order made in earlier proceedings in favour of landlords for rental arrears-award of compensation to tenant for loss of quiet enjoyment resulting from repair and mould issues-compensation awarded less than the amount sought by the tenant-net amount still owing to the landlord. APPEALS-whether to grant an extension of time to lodge the appeal-no error of law as to whether the Tribunal misunderstood the landlords' claim in respect of the rental bond - other issues raised on appeal concerned challenges to findings of fact-no arguable case of appealable error. Legislation Cited: Residential Tenancies Act 2010 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: None cited Category: Principal judgment Parties: Angela Gibbons (Appellant) Michael Macutay (First Respondent) Francisca Macutay (Second Respondent) Representation: Appellant (Self-Represented) Thai Duong (Agent) (First and Second Respondent) File Number(s): 2023/00175176 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 3 May 2023 Before: S De Jersey, General Member File Number(s): RT 23/03776