Paul Thomas Kenny and Patricia Leigh Kenny v Leighton Killalea [2015] NSWCATAP 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Paul Thomas Kenny and Patricia Leigh Kenny v Leighton Killalea [2015] NSWCATAP 66 Hearing dates: 23 January 2015; 6 March 2015 Date of orders: 20 April 2015 Decision date: 20 April 2015 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member G Meadows, Senior Member Decision: Appeal allowed.

The decision made on 2 October 2014 be set aside and in substitution the application for rent for the period 5 July 2014 to 29 August 2014 be dismissed.

No order as to costs. Catchwords: APPEAL - Residential tenancies - breach of obligation to maintain residential premises in reasonable state of repair - notice to terminate lease - defect in notice - decision not fair and equitable and against the weight of evidence - appeal allowed and decision made in substitution Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Paul Thomas Kenny and Patricia Leigh Kenny—Appellants; Leighton Killalea—Respondent Representation: Mr Paul Thomas Kenny (Appellants) Ms Jennifer Heffernan (Respondent) File Number(s): AP 14/51365 Publication restriction: Nil Decision under appeal Court or tribunal: Consumer and Commercial Division Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 02 October 2014 Before: G Bryant, Member File Number(s): RT 14/38855