Scott Cardamatis v Elyane Messara [2014] NSWCATCD 211

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Scott Cardamatis v Elyane Messara [2014] NSWCATCD 211 Hearing dates: 16 July 2014 Decision date: 24 October 2014 Jurisdiction: Consumer and Commercial Division Before: R F Buckley, Senior Member Decision: The application is dismissed Catchwords: Residential premises Predominant use Legislation Cited: Residential Tenancies Act 2010 Cases Cited: Katherine McFarlane and John Murray v Fardshad Kazizi [1997] NSWRT 117 Texts Cited: Residential Tenancies, Law and Practice NSW, 5th Edition, Anforth et al Category: Principal judgment Parties: Scott Cardamatis (applicant) Elyane Messara (respondent) Representation: Both parties were self-represented File Number(s): RT 14/14247 Publication restriction: Unrestricted

Reasons for decision 1. This application was commenced by the applicant tenant on 6 March 2014. Subsequently the matter was listed for hearing on 28 March 2014 and a decision entered in favour of the applicant in the absence of the respondent. The decision was later set aside. The matter came before me as a hearing of an application brought for various claims, but principally pursuant to s 187(1)(d) of the Residential Tenancies Act 2010 (the RTA) seeking an order as to compensation for alleged damage caused to the applicant's goods and possessions, together with a claim for reduction of rent, pursuant to s 44(1) of the RTA, by reason of an alleged reduction in services over an extended period of the tenancy which commenced in August 2012 and ceased in January 2014. 2. The leasing agreement was prepared by the respondent. It was titled, Residential Tenancy Agreement". The applicant approached the application before the Tribunal as if it was one which was properly brought pursuant to the RTA. The respondent tendered evidentiary material which called into question the Tribunal's jurisdiction.