Waters v RSK Custodians Pty Ltd [2023] NSWCATAP 293

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Waters v RSK Custodians Pty Ltd [2023] NSWCATAP 293 Hearing dates: 18 October 2023 Date of orders: 02 November 2023 Decision date: 02 November 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Ziegler, Senior Member Decision: Appeal dismissed. Catchwords: Appeal – tenant's application alleging noise in apartment constituting a breach by the landlord of landlord's obligations under the Residential Tenancies Act 2010 (NSW) – errors by Tribunal in rejecting tenant's applications under ss 44 and 45 of the Residential Tenancies Act 2010 – errors of no consequence - Tribunal considered tenant's evidence in the context of a potential breach of s 52 – failure by tenant to discharge onus of proof Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Blanch v British American Tobacco Australia Services Ltd [2005] NSWSC 241 Texts Cited: Not applicable Category: Principal judgment Parties: Rachel Lee Ave Waters (Appellant) RSK Custodians Pty Ltd (Respondent) Representation: Appellant: in person Respondent: C Harvie (property manager for Respondent) File Number(s): 2023/00265459 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: [2023] NSWCATCD Date of Decision: 4 August 2023 Before: P Thew (General Member) File Number(s): RT 22/51555