McCann v NSW Land and Housing Corporation [2024] NSWCATCD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McCann v NSW Land and Housing Corporation [2024] NSWCATCD 10 Hearing dates: 20 December 2023 Date of orders: 05 January 2024 Decision date: 05 January 2024 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. By 31 January 2024 the landlord is to repair the hinges on the gate in the picket fence to restore that gate to working order. 2. The application is otherwise dismissed. Catchwords: LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) - obligation to maintain premises in a reasonable state of repair - work order sought - claim for compensation for loss of enjoyment Legislation Cited: Residential Tenancies Act 2010 (NSW), ss 63, 187 Strata Schemes Management Act 2015 (NSW), s 106 Cases Cited: Benjamin & Khoury Pty Ltd v Rahme (No 4) [2023] NSWSC 1162 Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Young v Chief Executive Office (Housing) [2023] HCA 31 Texts Cited: None cited Category: Principal judgment Parties: Applicant – Danielle McCann Respondent – NSW Land and Housing Corporation Representation: Applicant – J Mackenzie, Hunter Tenants Advice & Advisory Service Inc Respondent – C Bodenham File Number(s): 2023/00391134 (formerly SH 23/27360) 2023/00378258 (formerly SH 23/39410) Publication restriction: Nil