Axworthy v Brown [2015] NSWCATAP 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Axworthy v Brown [2015] NSWCATAP 16 Hearing dates: 19 January 2015 Date of orders: 23 February 2015 Decision date: 23 February 2015 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President S Frost, Senior Member Decision: Application to extend time for the filing of the appeal refused. Catchwords: Residential proceedings, time to lodge appeal Legislation Cited: NSW Civil and Administrative Tribunal 2013 (the Act) Residential Tenancies Act 2010 NSW (RTA) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSW CATAP22 Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Carol Axworthy (appellant) Heather Brown (respondent) Representation: Appellant: self represented Respondent: Mr D Safi-Westendorf File Number(s): AP 14/46491 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 8 July 2014 Before: R Harris, General Member File Number(s): RT 14/27997

Judgment

Background 1. This is an appeal from a decision made in the Consumer and Commercial Division of the Tribunal on 8 July 2014. The appellant was the landlord of residential premises leased to the respondent pursuant to a residential tenancy agreement between the parties. By the decision of 8 July 2014 the respondent was ordered to pay to the appellant the sum of $1,031.50 by instalments. The order made by the Tribunal is accompanied by very brief reasons which simply state: "Compensation found to be owing $1,031.50". 1. The appellant is dissatisfied with the amount awarded in her favour and seeks an additional sum of $2,830 for damage to electrical items at the property and in addition a break lease fee because the respondent allegedly broke the term of the lease by departing before the end of the term. The respondent maintains that the decision below is correct and submits that the appeal should be dismissed.