Yu v Hawat [2025] NSWCATAP 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yu v Hawat [2025] NSWCATAP 20 Hearing dates: 13 August 2024 Date of orders: 28 January 2025 Decision date: 28 January 2025 Jurisdiction: Appeal Panel Before: K Ransome, Principal Member D Robertson, Principal Member Decision: (1) The time for the filing of the appeal is extended to 7 June 2024. (2) Leave to appeal is refused. (3) The appeal is dismissed. (4) Replace order 3 made in Consumer and Commercial Division proceedings 2024/00088589 on 20 May 2024 with the following: "The appellants, George Yu, Hua Yu, Yu Liu and Amy Yu, are to pay to the respondent, Souria Hawat, the sum of $4,316.79 by 28 May 2024." Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – Reduction in rent by reason of the reduction or withdrawal by the landlord of goods, services or facilities provided with the premises – Liability of tenant for blockage to kitchen sink due to accumulation of fat and oil – No error in conclusion that landlord had not proved that the tenant was responsible. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: 3D Design & Build Pty Ltd v Lynch [2016] NSWCATAP 229 Aboss v Hafeez [2022] NSWCATAP 345 Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Texts Cited: Nil Category: Principal judgment Parties: George Yu, Hua Yu, Yu Liu and Amy Yu (Appellants) Souria Hawat (Respondent) Representation: C Cappuccio and J Refik, (Agents) (Appellants)