Corbett v City West Housing [2024] NSWCATAP 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Corbett v City West Housing [2024] NSWCATAP 133 Hearing dates: 19 April 2024 Date of orders: 11 July 2024 Decision date: 11 July 2024 Jurisdiction: Appeal Panel Before: R Dubler SC, Senior Member A Boxall, Senior Member Decision: (1) The appeal is dismissed. (2) The decision under appeal is confirmed. Catchwords: LEASES AND TENANCIES – Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited. Category: Principal judgment Parties: Jodi Corbett (Appellant) City West Housing (Respondent) Representation: Appellant (Self Represented) Ms J Barnes (Agent for Respondent) File Number(s): 2024/00051412 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 28 January 2024 Before: P Millar, General Member File Number(s): 2023/00375510

reasons for decision

Background 1. This is an appeal against a decision of the Tribunal's Consumer and Commercial Division, made on 25 January 2024. 2. The decision concerns the Appellant's lease (the Lease) of residential premises in Pyrmont NSW (the Premises), which is one of several apartments in a block owned by the Respondent. 3. It is uncontested that: 1. in June 2023 the Respondent undertook certain refurbishment work at the Premises, that involved relevantly the refitting of the kitchen in the Premises and in particular the replacement of the gas oven and cooktop with electrical appliances; 2. the replacement of the gas appliances with electrical ones was contrary to the Appellant's preferences, as was the installation of a new electrical metering system, described as a "smart meter", with which the Appellant had concerns as a potential source of electromagnetic radiation; and 3. on 16 September 2023, the Appellant filed an application with the Tribunal seeking orders that: 1. the Respondent replace the electrical appliances with gas ones; and 2. she not be connected to or required to use the smart meter. 1. On 25 January 2024, the Tribunal dismissed the Appellant's claims (the Decision). 2. On 9 February 2024, the Appellant lodged with the Tribunal a Notice of Appeal against the Decision. 3. On 14 February 2024, the Respondent lodged its Reply to the appeal. 4. On 23 February 2024, the Tribunal made certain directions for the conduct of the appeal. 5. On 15 March 2024, consistently with those directions, the Appellant lodged her submissions in support of the appeal together with certain written material. 6. On 4 April 2024, again consistently with those directions, the Respondent lodged its submissions and certain written material.