Staver v Bridge Housing Ltd [2015] NSWCATAP 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Staver v Bridge Housing Ltd [2015] NSWCATAP 181 Hearing dates: 14 August 2015 Date of orders: 01 September 2015 Decision date: 01 September 2015 Jurisdiction: Appeal Panel Before: Wright J, President D Goldstein, Senior Member Decision: (1) The application for an extension of time in which to appeal in respect of the decision made on 22 April 2015 in proceedings SH 15/06699 (the First Decision) is dismissed. (2) The appeal in respect of the First Decision is dismissed. (3) The appeal in respect of the decision made on 27 May 2015 in proceedings SH 15/34973 is dismissed. (4) Order 3 made on 22 April 2015 is amended by deleting "20-May-2015" and inserting in its place "15-Sep-2015". The President DIRECTS the Registrar under s 63(1) of the Civil and Administrative Tribunal Act 2013 (NSW) to amend order 6 made on 22 April 2015 in proceedings SH 15/06699 by deleting "25-June-2014" and inserting in its place "11-July-2014". Catchwords: APPEAL – practice and procedure – Civil and Administrative Tribunal (NSW) – application for extension of time in which to appeal – whether appellant has demonstrated strict compliance with the rules will result in injustice – question of appellant's prospects of success – where alleged refusal to consider appellant's evidence in proceedings below – where Tribunal below alleged to have proceeded on misapprehension of facts – where evidence would have resulted in the same outcome – held no real prospects of success – application dismissed; LANDLORD AND TENANT – rent – tenant's justification of non-payment of rent on landlord's alleged unperformed obligation to conduct repairs – claim for reimbursement by tenant for laundry expenses where landlord allegedly did not meet obligation to provide laundry facilities – where tenancy terminated for failure to pay rent – effect of not applying for rent reduction or excessive rent orders to Tribunal under the Residential Tenancies Act 2010 (NSW), ss 43 and 44 – no real prospects of establishing claims concerning repairs or facilities Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38(5)(c), 41, 53(4), 63(1), 80(3) and Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25(4)(b) Residential Tenancies Act 2010 (NSW), ss 43, 44 and 87 Cases Cited: Gallo v Dawson (1990) 64 ALJR 458 Habib v State of New South Wales (NSW Police Force) [2014] NSWCATAP 70 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Mamo v Surace [2014] NSWCA 58; 86 NSWLR 275 Nanschild v Pratt [2011] NSWCA 85 Power v Deputy Commissioner of Taxation (No 2) [2014] NSWCA 77 Warkworth Mining Limited v Bulga Milbrodale Progress Association Inc [2014] NSWCA 105; 86 NSWLR 527 Category: Principal judgment Parties: Natalia Staver (Appellant) Bridge Housing Ltd (Respondent) Representation: Appellant in person M Dobson, an employee and agent of the corporation, by leave (Respondent) File Number(s): AP 15/35799 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 22 April 2015 (SH 15/06699) 27 May 2015 (SH 15/34973) Before: L Williams, General Member (SH 15/06699); M Cohen, Senior Member (SH 15/34973) File Number(s): SH 15/06699 SH 15/34973