Rouvinetis v CTTT and Anor [2007] NSWSC 391

New South Wales Supreme Court

CITATION : Rouvinetis v CTTT and Anor [2007] NSWSC 391

HEARING DATE(S) : 23/04/2007

JUDGMENT DATE : 24 April 2007

JUDGMENT OF : Associate Justice Malpass

DECISION : The appeal fails. The summons is dismissed. The plaintiff is to pay the costs of the Summons.

CATCHWORDS : Residential tenancy agreement - application by tenant to have rebate of rent provision struck out - power to modify - applicable only to continuation of fixed term agreements

Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) LEGISLATION CITED : Housing Act 2001 (NSW) Housing Assistance Act 1996 (Cth) Residential Tenancies Act 1987 (NSW)

Evangelos Rouvinetis PARTIES : Consumer, Trader and Tenancy Tribunal New South Wales Land and Housing Corporation

FILE NUMBER(S) : SC 30175/06

COUNSEL : In Person (Pl) Mr A. Jungwirth (2nd Def)

SOLICITORS : New South Wales Land and Housing Corporation, Solicitors (2nd Def)

LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW

LOWER COURT FILE NUMBER(S) : RT 06/58430

LOWER COURT JUDICIAL OFFICER : R Rodriguez

LOWER COURT DATE OF DECISION : 18/12/2006

LOWER COURT MEDIUM NEUTRAL CITATION : Evangelos Rouvinetis v Corporation of Land and Housing

- 5 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ASSOCIATE JUSTICE MALPASS

24 APRIL 2007

30175/06 Evangelos Rouvinetis v Consumer, Trader and Tenancy Tribunal and Anor

JUDGMENT 1 HIS HONOUR: The plaintiff and the second defendant are parties to a residential tenancy agreement (the agreement). The agreement contains the following term (the term) :- "The tenant agrees that the landlord may formulate a policy for the granting of rebates or waiver of rents. The parties agree that in accordance with such policy the Department as landlord may grant a rebate or waive rent in its absolute discretion."