Von Reisner v Consumer Trader and Tenancy Tribunal & Anor [2007] NSWSC 907

New South Wales Supreme Court

CITATION : Von Reisner v Consumer Trader and Tenancy Tribunal & Anor [2007] NSWSC 907 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 10/8/07

JUDGMENT DATE : 10 August 2007

JUDGMENT OF : Bell J at 1

EX TEMPORE JUDGMENT DATE : 10 August 2007

DECISION : 1. Dismiss the amended notice of motion filed by Koidu Von Reisner in proceedings in the Court of Appeal No. 40193 of 2007; 2. The time for compliance with the orders made by the Consumer Trader & Tenancy Tribunal on 2 March 2006 is extended as follows; (a) the tenant to give access to the landlord and/or its agents to the premises from 8.30 am to 4.30pm on each day from 14 August 2007 to 17 August 2007 inclusively for the purposes of carrying out the repairs as sought in the second defendant's application to the Consumer Trader and Tenancy Tribunal (file number RT 06/06329); (b) The plaintiff to remove all clutter including but not limited to papers, rags, cardboard boxes, textiles and excess furniture by no later than 4pm on 15 August 2007; 3. If the order referred to in order 2(b) above is not complied with, the second defendant by its servants or agents may remove any such clutter at any time between 4.00pm to 4.30pm on 15 August and 8.30am to 4.30pm on 16 and 17 August 2007; 4. Upon reasonable notice by the second defendant the Sheriff is to attend the plaintiffs' premises at such time as the work is carried out and to provide such assistance as is necessary for the orderly carrying out of the work; 5. The balance of the second defendant's amended motion is stood over generally. The amended motion may be re-listed on three days' notice by contact with my Associate; 6. The plaintiff is to pay the second defendant's costs of its amended motion