Curry v Eftimovski [2023] NSWCATAP 290

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Curry v Eftimovski [2023] NSWCATAP 290 Hearing dates: 27 October 2023 Date of orders: 31 October 2023 Decision date: 31 October 2023 Jurisdiction: Appeal Panel Before: T Simon, Principal Member Dr R Dubler SC, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. Catchwords: RESIDENTIAL TENANCY – whether or not eviction notice was a retaliatory notice pursuant to s 115 of the Residential Tenancies Act 2010 (NSW) – whether the Tribunal erred in its award of compensation for failure by the landlord to effect repairs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Camilleri v Eastlake [2018] NSWCATAP 176 Collins v Urban [2014] NSWCATAP 17 Mercieca v Fu [2017] NSWCATAP 205 Quader v Bell [2017] NSWCATAP 24 Smith v Li [2020] NSWCATAP 59 Williams v Gerringong Housing Aboriginal Corporation [2022] NSWCATAP 144 Texts Cited: Nil Category: Principal judgment Parties: Andrew Curry (Appellant) John Eftimovski & Diane Eftimovski (Respondents) Representation: Appellant (self-represented) K Martin (Agent for Respondents) File Number(s): 2023/00285097 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 30 August 2023 Before: J Searson, Member File Number(s): RT 23/27513