Li v Harrap [2024] NSWCATAP 108

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Li v Harrap [2024] NSWCATAP 108 Hearing dates: 17 April 2024 Date of orders: 13 June 2024 Decision date: 13 June 2024 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Goldstein, Senior Member Decision: (1) Melissa Fournier is joined as a respondent to the appeal. (2) Appeal allowed in part. (3) Order 1 made by the Tribunal on 1 February 2024 is set aside and in substitution for that order the appellant is to pay the respondents $7,365.00, immediately. (4) Otherwise, leave to appeal is refused and the appeal is dismissed. Catchwords: LEASES and TENANCIES-residential tenancy-landlord's breach of repair obligations-approach to the question of the quantum of compensation-notional rent reduction for discomfort and inconvenience concerning safety issue with backyard and pool-global amount for such loss in relation to other repair items. APPEALS-alleged bias-alleged procedural unfairness due to absence of documentary material from the appellant-no procedural unfairness because appellant had reasonable opportunity to present documentary evidence-adequacy of reasons concerning quantum of compensation-basis for sum awarded not explained-reassessment of quantum of compensation by the Appeal Panel. Legislation Cited: Civil and Administrative Tribunal Act (NSW) (2013) Residential Tenancies Act 2010 (NSW) Cases Cited: CKG v Public Guardian [2014] NSWCATAP 32 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; 176 ALR 644; 75 ALJR 277; [2000] HCA 63 Kline v NSW Land and Housing Corporation [2014] NSWCATAP 41 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Nunez v Sampson [2022] NSWCATAP 125 Category: Principal judgment Parties: Marko Li (Appellant) Brendan Harrap (First Respondent) Melissa Fournier (Second Respondent) Representation: Appellant (Self-Represented) Respondent (Self-Represented) File Number(s): 2024/00044432 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 01 February 2024 Before: J Levingston, General Member File Number(s): 2023/00373324