Denovan v Tynan [2009] NSWADT 159

CITATION: Denovan v Tynan [2009] NSWADT 159

DIVISION: General Division

Applicant: Margaret Denovan PARTIES: Respondent: Judith Ann Tynan

FILE NUMBER: 085197

HEARING DATES: 16 April 2009

EXTEMPORE DECISION DATE: 16 April 2009

DATE OF DECISION: 22 June 2009

BEFORE: Fox R - Judicial Member

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997

Applicant Representative: In Person REPRESENTATION: Respondent Representative: Nick Dan, Solicitor

1. Note that bond monies have been repaid. 2. Lessor to comply with covenant 18.2 of the Lease. 3. Lessor to take all steps to have effected necessary repairs to prevent leakage into leased premises. ORDERS: 4. Lessor to forthwith appropriately place "Private" and "No parking" signs in carparking area of building to identify a space as the Lessee's. 5. Rent to be calculated from 19/9/07. 6. Lessor to pay $405.95 as damages being 4 days rent which should have been abated. 7. No order for costs.

REASONS FOR DECISION

1 Pursuant to s89 of the Administrative Decisions Tribunal Act 1997, the Applicant has requested written reasons for a decision which I made at a telephone directions hearing on 16 April 2009. These are they.

2 The application dated 1 October 2008 sought relief set forth in 6 items. The Applicant was not legally represented, and because she trades in the Newcastle area, appeared by telephone. The Respondent was represented by Mr Dan, solicitor, of Newcastle, and he too appeared by telephone.