McDonald v NSW Land and Housing Corporation [2015] NSWCATCD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McDonald v NSW Land and Housing Corporation [2015] NSWCATCD 48 Hearing dates: 03 March 2015 Date of orders: 03 March 2015 Decision date: 08 April 2015 Jurisdiction: Consumer and Commercial Division Before: M Gilson, General Member Decision: The application is dismissed because: Having considered the material placed before it, the Tribunal is not satisfied (at the civil standard of proof) that the grounds required to make the orders sought have been established. Catchwords: Terms of residential tenancy agreement, quiet enjoyment, maintenance. Legislation Cited: Residential Tenancies Act 2010 sections 20, 50, and 63 Category: Principal judgment Parties: Mark John McDonald (applicant) NSW Land and Housing Corporation (respondent) File Number(s): SH 14/46946 Publication restriction: Unrestricted

reasons for decision 1. These reasons are provided pursuant to section 62 (2) of the Civil and Administrative Tribunal Act 2013 (the NCAT Act) at the request of the applicant. The Tribunal gave oral reasons on 3 March 2015 and the applicant was present at the hearing. The hearing was sound recorded, however the reasons are produced from the member's notes and recollections.

Application 1. By way of an application lodged on 17 September 2014, the applicant sought orders that the respondent had breached the residential tenancy agreement by destroying plants in a native garden and thereby denying him the right to quiet enjoyment. He seeks damages arising from this; "to the sum of the cost of making the garden, with compound interest." He also sought findings against an officer of the respondent.