Jakovljevic v NSW Land and Housing Corporation [2015] NSWCATAP 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jakovljevic v NSW Land and Housing Corporation [2015] NSWCATAP 125 Hearing dates: 27 February 2015 Date of orders: 02 July 2015 Decision date: 02 July 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member C Fougere, Principal Member Decision: The Appeal Panel makes the following orders:

(1) Leave to appeal the decision of the Tribunal made 15 May 2014 out of time is refused;

(2) The appeal is otherwise dismissed. Catchwords: Residential tenancy agreement- obligation to repair, Legislation Cited: Civil and Administrative Tribunal Rules 2014 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: Nil Category: Principal judgment Parties: Bosko Jakovljevic (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Applicant: In person Respondent: Ms Sathanapally File Number(s): AP 15/01218 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Citation: Not applicable Date of Decision: 15 May 2014 Before: General Member M Eftimiou File Number(s): SH 14/11690

Reasons 1. This is an appeal by Mr Jakovljevic (appellant) in relation to a decision made by the Tribunal on 15 May 2014 in application SH 14/11690. 2. The appellant appeared in person, assisted by Ms Elez and an interpreter. 3. The respondent was NSW Land and Housing Corporation (respondent). 4. The appellant sought an order that the respondent replace the vinyl flooring in his premises. The claim was dismissed by the Tribunal because the Tribunal was not satisfied that the respondent, who was the landlord, had breached its duty to maintain and repair the residential premises during the term of the residential tenancy agreement. 5. In the notice of appeal the appellant says that he received notice of the Tribunal's decision on "05/2014". However, the appellant did not file a notice of appeal until 6 January 2015. 6. The appellant seeks leave to appeal out of time. This is because proceedings SH 14/11690 were residential proceedings within the meaning of Rule 3 of the Civil and Administrative Tribunal Rules 2014. Consequently, the time limit in which to appeal the original decision was 14 days from the day on which the appellant was notified of the decision or given reasons for the decision, whichever is the later: see Rule 25(4) of the Rules.