NSW Caselaw
New South Wales Supreme Court
CITATION : Robinson v Fretin & Anor [2006] NSWSC 598
HEARING DATE(S) : 15 June 2006
JUDGMENT DATE : 22 June 2006
JURISDICTION : Administrative Law List
JUDGMENT OF : Associate Justice Malpass at 1
DECISION : The appeal fails. The Summons is dismissed. The Plaintiff is to pay the costs of the Summons.
CATCHWORDS : Appeal from Tribunal - breach of terms of quiet enjoyment and responsibility for repairs - compensation may be ordered for breach of terms (not statute) - non-economic loss.
LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001,s 67 Residential Tenancies Act 1987), ss 22, 25
Martin's Camera Corner Pty Limited v Hotel Mayfair Ltd (1976) 2 NSWLR 15 CASES CITED : Ridis v Strata Plan 10308 [2005] NSWCA 246 Port Shipping v Dillon (1992) 176 CLR 344 Sakoua & Anor v Williams [2005] NSWCA 405
Dianne Robinson (Plaintiff) PARTIES : Michael Fretin (First Defendant) Consumer, Trader and Tenancy Tribunal (Second Defendant)
FILE NUMBER(S) : SC 30097/05
COUNSEL : Mr J G Stewart (Plaintiff) N M Eastman (First and Second Defendants)
McCulloch & Buggy (Plaintiff) SOLICITORS : Tenants' Union of New South Wales Co-op Ltd (First Defendant) I V Knight Crown Solicitor (Second Defendant)
LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW
LOWER COURT FILE NUMBER(S) : RT 05/17932
LOWER COURT JUDICIAL OFFICER : Mr Carpenteiri
LOWER COURT DATE OF DECISION : 29 September 2005
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
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