Dawson v G&J Investments Pty Limited [2024] NSWCATCD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dawson v G&J Investments Pty Limited [2024] NSWCATCD 40 Hearing dates: 5 February 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Jurisdiction: Consumer and Commercial Division Before: JA Rose, General Member Decision: (1) Pursuant to s 115 of the Residential Tenancies Act 2010 (NSW), the Tribunal is satisfied that the termination notice issued by the respondent landlord, bearing the date 21 November 2023 was a retaliatory notice, and declares that the notice has no effect. (2) Pursuant to s 65(1) of the Residential Tenancies Act 2010 (NSW), the respondent landlord must carry out the following specified repair work, in a proper and workmanlike manner, on or before 31 May 2024: (a) Repair or replace, and otherwise make good and working, the air-conditioning units provided with and/or forming part of the residential premises at 8 Henderson Road, Alexandria NSW; and (b) To the extent that the works specified in paragraph (a) requires any work or repair to be undertaken on any common property owned by the owners corporation for the strata plan in which the premises are situated, to use its best endeavours to arrange, cause or permit that work or those repairs to be undertaken on or in respect of that common property, including obtaining all necessary consents and approvals to undertake that work or for that work to be undertaken. (3) The applicant tenant may, on payment of the applicable filing fee, renew these proceedings under clause 8 of Schedule 4 of the Civil and Administrative Tribunal Act 2013 (NSW) if the respondent landlord does not comply with the preceding order within the period specified in that order. (4) Pursuant to s 187(1) of the Residential Tenancies Act 2010 (NSW), the respondent landlord is ordered to specifically perform: (a) clause 14.2 of the residential tenancy agreement between the parties (the "tenancy agreement"), by not interfering with, or causing or permitting any interference with, the reasonable peace, comfort or privacy of the applicant tenant in using the residential premises; and (b) clause 18.3 of the tenancy agreement, by keeping the residential premises in a reasonable state of repair, considering the age of, the rent paid for and the prospective life of the premises; and (c) clause 18.5 of the tenancy agreement, by complying with all statutory obligations relating to the health or safety of the residential premises; (d) clause 65(f) of the tenancy agreement, by permitting or allowing the tenant to access Personal Information (as defined in the Privacy Act 1988 (Cth)) and to require correction or amendment of any inaccuracies, incomplete, out of date or irrelevant information; and (e) clause 65(g) of the tenancy agreement by providing (where applicable), on request, a copy of its Privacy Policy. (5) The balance of the claim in these proceedings is dismissed on the ground that the Tribunal is not satisfied on the balance of probabilities by the material that has been put before it that there are sufficient grounds for the relief sought to be awarded. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Condition reports LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Termination — Notices — Retaliatory notices LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Repairs — Landlord's duty LAND LAW — Strata title — Common property — Maintenance and repair of common property LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Orders for specific performance LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Default and termination — Damages Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Privacy Act 1988 (Cth) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Strata Schemes Management Act 2015 (NSW) Swimming Pools Act 1992 (NSW) Cases Cited: Camilleri v Eastlake [2018] NSWCATAP 176 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 De Chazol v Scala [2010] NSWCTTT 135 Dupont and Rowe v Lawrence [1997] NSWRT 213 Hanney v McCabe Toshack [2014] NSWCATCD 239 Ho v Powell [2001] NSWCA 168 Howard v B Miles Womens Foundation Inc [2012] NSWSC 1173 Hughes v Hume Community Housing Association Co Ltd [2023] NSWCATAP 109 Kwok v Tahiri [2015] NSWCATAP 244 Lee v Fuzessery [2010] NSWCTTT 205 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Mercieca v Fu [2017] NSWCATAP 205 Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313 Nulla Nulla Aboriginal Lands Council v Lucas [2013] NSWCTTT 219 Quader v Bell [2016] NSWSC 632 Quader v Bell [2017] NSWCATAP 24 Re Magistrate Crawford; Ex parte McCormack [2020] WASC 236 Reiss v Helson [2001] NSWSC 486 Sewell v Zvirblis [2022] NSWCATAP 337 Shrestha v Crandell Pty Ltd [2010] NSWCTTT 240 Smith v Li [2020] NSWCATAP 59 Steinbeck v McDonald [2015] NSWCATAP 90 Williams v Gerringong Housing Aboriginal Corporation [2022] NSWCATAP 144 Texts Cited: Residential Tenancies Law and Practice New South Wales (8th edition, 2022), Federation Press Category: Principal judgment Parties: Neil Dawson (Applicant) G&J Investments Pty Limited (Respondent) Representation: N Dawson, in person (Applicant) C Anderson, real estate agent (Respondent) File Number(s): 2023/00440392 Publication restriction: Nil