Johnston v NSW Land and Housing Corporation [2024] NSWCATAP 227

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Johnston v NSW Land and Housing Corporation [2024] NSWCATAP 227 Hearing dates: 3 September 2024 Date of orders: 13 November 2024 Decision date: 13 November 2024 Jurisdiction: Appeal Panel Before: K Ransome, Principal Member D Charles, Senior Member Decision: (1) Appeal allowed. (2) The proceedings are remitted to the Tribunal for reconsideration by a differently constituted Tribunal in accordance with the following directions: (a) any assessment of whether there has been a breach of the landlord's obligations and whether a rent reduction should be awarded in relation to the courtyard is to be made on the basis that the landlord was notified of the need for repairs to the courtyard on 27 July 2023; (b) any award of compensation is to be redetermined in accordance with these reasons. (3) The Tribunal in the remitted proceedings may allow the parties to rely on such further evidence as the Tribunal considers appropriate Catchwords: APPEAL – no requirement for particular form of notice by tenant of need for repairs – misapplication of law relating to compensation under the Residential Tenancies Act – appeal allowed Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Baltic Shipping Co v Dillon (1993) 176 CLR 344 Collins v Urban [2014] NSWCATAP 17 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Kudrynski v Orange City Council [2024] NSWCA 33 Makowska v St George Community Housing Ltd [2021] NSWSC 287 Moore v Scenic Tours Pty Ltd [2020] HCA 17; 268 CLR 326 New South Wales v Ibbett [ (2005) 65 NSWLR 168 Orr v Hunter Quarries Pty Ltd [2022] NSWCCA 39 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan 7 Naylor Paramatta Trust [2020] NSWCA 62 Wollondilly Shire Council v Styles [2024] NSWCATAP 104 Texts Cited: Nil Category: Principal judgment Parties: Carlyn Johnson (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Eastern Area Tenants Service (Appellant) Department of Communities and Justice Legal (Respondent) File Number(s): 2024/00226329 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 03 June 2024 Before: L Griffin, General Member File Number(s): 2023/00449870