Griffin v Wong [2014] NSWCATCD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Griffin v Wong [2014] NSWCATCD 35 Hearing dates: 13 November 2013 Decision date: 01 April 2014 Jurisdiction: Consumer and Commercial Division Before: G Meadows, Senior Member Decision: The following orders are made: Applications RT 13/46431 and RT 13/51000 are transferred to the General List. Applications RT 13/46431 and RT 13/51000 are to be listed together for directions at the earliest available date for 45 minutes. Catchwords: Tenancy Legislation Cited: Residential Tenancies Act 2010 Category: Principal judgment Parties: Michael Anthony Griffin (applicant) Albert Wong (respondent) File Number(s): RT 13/46431 and RT 13/51000

reasons for decisioN

Applications 1RT 13/46431, the first application in time, was filed on 30 August 2013, seeking the following orders: (1)"Section 11: an order that the agreement between the applicant and respondent is a tenancy agreement under the Act on the basis that the applicant is a tenant; (2)Section 44(1)(a): an order that the rent increase sought by the respondent is excessive; (3)Section 44(1)(b): an order that the rent is to be reduced due to the reduction of services being the loss of a property manager and maintenance and rubbish removal services at the premises; (4)Section 45: an order that the rent is to be reduced due to the premises being unusable, uninhabitable or destroyed; (5)Section 47(5): an order that the rent increase paid from 28 August 2012 is to be repaid to the applicant as the increase was excess to the requirements of the tenancy and not permitted by law being obtained as an increase due to the introduction of the carbon tax; (6)Section 65(1)(a): an order that the landlord carry out repairs to the carpet on the stairs and remove all rubbish obstructing egress of the premises; (7)Section 65(5): an order that the rent payable by the applicant is to be paid into the Tribunal until the repairs and maintenance ordered are carried out; and (8)Section 175: an order that the landlord pay the bond of $240.00 paid to him by the applicant in July 2010 to NSW Fair Trading and that the landlord provide the applicant with a Rental Bond Number." 2Application RT 13/51000 was filed on 30 September 2013 and sought the following orders: (1)"Section 115(2): an order that the eviction notice dated 8 September 2013 and served on the applicant by the respondent is retaliatory; and (2)Section 115(1): an order for compensation." 3Both matters were heard together on 13 November 2013 but prior to that point had been listed separately. In order to clarify the position, I provide the following summary of each matter separately before setting out my decision on the preliminary issue.