Rowe v NSW Land and Housing Corporation [2024] NSWCATCD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rowe v NSW Land and Housing Corporation [2024] NSWCATCD 26 Hearing dates: 31 January 2024 Date of orders: 05 February 2024 Decision date: 05 February 2024 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1 The respondent is to pay the applicant $500.00 immediately. 2 Each party is to pay their own costs. Catchwords: LAND LAW - Residential tenancies - whether landlord permitted an interference with the peace, comfort or privacy of a tenant - whether all reasonable steps were taken to prevent such an interference by neighbouring tenant - assessment of compensation Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Companion Animals Act 1998 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Bondarek v NSW Land and Housing Corporation [2018] NSWCATAP 299 BPU v NSW Trustee & Guardian [2016] NSWCATAP 87 Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54 eMove Pty Ltd v Dickinson [2015] NSWCATAP 94 Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Fox v Percy [2003] HCA 22 Gallagher v Masters Installation Pty Ltd [2017] NSWCATAP 117 Gerrard v Slamar [2004] WASC 253 Megerditchian v Kumond Homes Pty Ltd [2014] NSWCATAP 120 Minifie v Maxwell [2020] NSWCATAP 30 Oshlack v Richmond River Council [1998] HCA 11 Pacorp Holdings Pty Ltd v Waller [2017] NSWCATAP 167 The Owners Strata Plan No 79642 v Five D Pty Ltd [2020] NSWCATAP 110 Texts Cited: Nil Category: Principal judgment Parties: Applicant – Leonie May Rowe Respondent – NSW Land and Housing Corporation Representation: Applicant – In person Respondent - K Brown File Number(s): 2023/00370359 (Formerly SH 23/47769) Publication restriction: Nil