Fimmano v Anderson [2024] NSWCATAP 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fimmano v Anderson [2024] NSWCATAP 22 Hearing dates: 24 January 2024 Date of orders: 20 February 2024 Decision date: 20 February 2024 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member L Wilson, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. 3. The Appellants are to pay the Respondent's costs in the amount of $112.80 immediately. Catchwords: LEASES AND TENANCIES – retaliatory notice – reasonable state of repair – excessive rent due to withdraw or reduction in goods, services and facilities Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulations 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Mendonca v Legal Services Commissioner [2020] NSWCA 84 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Texts Cited: Nil Category: Principal judgment Parties: Patricia Fimmano & Vince Fimmano (Appellants) Ryan Nathan Anderson (Respondent) Representation: B Mills – agent (Appellants) Respondent (self-represented) File Number(s): 2023/00353076 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 24 October 2023 Before: P French, Senior Member File Number(s): 2023/00387723 (Previously RT 23/30197)