Thomas v Goldie [2015] NSWCATAP 243

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Thomas v Goldie [2015] NSWCATAP 243 Hearing dates: 08 October 2015 Date of orders: 08 October 2015 Decision date: 08 October 2015 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President at [1]; S Thode, Senior Member at [21] Decision: In relation to proceedings RT 15/40126: 1. The appeal is dismissed. 2. Leave to appeal on grounds other than a question of law refused.

In relation to proceedings RT 15/37226: 3. The appeal is upheld in part and dismissed in part. 4. By consent, order 6 is set aside. 5. Orders 1, 3 and 4 are affirmed. Catchwords: RESIDENTIAL TENANCY –tenancy terminated because tenant frequently failed to pay rent – tenancy terminated - claim for rent reduction refused – appeal on grounds of procedural fairness – appeal on merits of rent reduction claim – no breach of procedural fairness – leave to appeal on other grounds refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b), s 38(5) Residential Tenancies Act 2010 (NSW), s 44(1) Category: Principal judgment Parties: Aaron Thomas (Appellant) R Goldie (Respondent) Representation: A Thomas (Appellant in person) K Flood (Agent for Respondent) File Number(s): AP 15/48971 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 7 August 2015 Before: R Harris, General Member File Number(s): File No: RT 15/40126; File No: RT 15/37226