Hall v Hawkins [2015] NSWCATAP 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hall v Hawkins [2015] NSWCATAP 197 Hearing dates: 18 August 2015 Date of orders: 16 September 2015 Decision date: 16 September 2015 Jurisdiction: Appeal Panel Before: Wright J, President S Thode, Senior Member Decision: The Appeal Panel orders that: 1. Time in which to lodge the appeal is extended to 12 May 2015. 2. The appeal is allowed in respect of the following claims: 5. Internal cleaning and window cleaning - $678.00 6. Garden beds and edging - $990.00 7. Repairs to timber floors - $3061.92 8. Water damage to laundry floor - $3280.00 9. General damage - $4700.00. 3. The proceedings are remitted to the Consumer and Commercial Division for determination of the claims referred to in the preceding order. 4. Otherwise, the appeal is dismissed.

The Appeal Panel directs that: 1. The appellants are to file and serve any further evidence in addition to or in substitution for the evidence that was before the Tribunal below in proceedings RT 15/04632 and any written submissions on or before 30 September 2015. 2. The respondent is to file and serve any further evidence in addition to or in substitution for the evidence that was before the Tribunal below in proceedings RT 15/04632 and any written submissions on or before 14 October 2015. 3. The appellants are to file and serve any evidence or submissions in reply on or before 28 October 2015. Catchwords: EVIDENCE – documentary evidence – presumptions as to documents – Residential Tenancies Act 2010 (NSW), ss 29 and 30 – whether rebuttable statutory presumption that outgoing condition report signed by landlord and tenant is correct deprives other evidence going to condition of cogency or reliability – held not; EVIDENCE – documentary evidence – use of quotations to prove quantum of loss – held no general rule against reliance on quotations Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 41, 80 and Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Residential Tenancies Act 2010 (NSW), s 29, 30, 37, 51, 53, 187 and 190 Residential Tenancies Regulation 2010 (NSW), Sch 2, cl 6 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Peter David Hall and Hellen Hall (Appellants) Anthony Hawkins (Respondent) Representation: Mr Hall in person for the Appellants C Lin of counsel for the Respondent File Number(s): AP 15/31351 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 10 April 2015 Before: S de Jersey, General Member File Number(s): RT 15/04632