Gregory v Barrett [2024] NSWCATAP 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gregory v Barrett [2024] NSWCATAP 153 Hearing dates: On the papers Date of orders: 07 August 2024 Decision date: 07 August 2024 Jurisdiction: Appeal Panel Before: S Thode, Principal Member A Boxall, Senior Member Decision: The appeal is dismissed. Catchwords: LEASES AND TENANCIES – Notice of Appeal filed out of time – no extension sought – time not extended Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Gallo v Dawson [1990] HCA 30, 93 ALR 479 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: NCAT Guideline November 2023 Internal Appeals Category: Principal judgment Parties: Manuel Gregory (Appellant) Andea Barrett (Respondent) Representation: Appellant: (Self represented) Respondent: (Self represented) File Number(s): 2024/00055820 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 17 January 2024 Before: JA Ringrose, General Member File Number(s): 2023/00415857

reasons for decision

Background 1. This is an appeal against a decision of the Tribunal's Consumer and Commercial Division, made on 17 January 2024 (the Decision). 2. The Decision concerns the Respondent's lease (the Residential Tenancy Agreement) of residential premises in Erskineville NSW (the Premises) owned by the Respondent. 3. The Respondent had made an application on 23 January 2023 seeking orders under the Residential Tenancies Act 2010 (the RT Act), including orders that Appellant carry out certain repairs at the Premises, that the rent paid by the Respondent for her residential tenancy agreement of the Premises be reduced, and that the Appellant pay her compensation, including for damage to personal possessions and for breach of section 50 of the RT Act. The Respondent also sought an extension of time for making her application. The application was heard over two days, on 13 July and 21 September 2023. 4. On 17 January 2024, the Tribunal issued its decision (the Decision), in which it ordered that : 1. the time for commencement of proceedings be extended from 1 July 2022 to 30 June 2023; 2. the Appellant engage qualified and experienced tradespersons to repair or replace the balcony and the hot water system at the Premises, by 30 April 2024 in the case of works going to safety issues; 3. the rent for the Premises between 1 July 2022 and 30 June 2023 be reduced by a total of $10,520; 4. the Appellant pay the Respondent compensation of $15,000 within one month; and 5. each party pay its own costs. 1. On 13 February 2024, the Appellant lodged with the Tribunal a Notice of Appeal against the Decision. 2. On 1 March 2024, the Respondent lodged its Reply to the Appeal.