Hayes v Williamson [2015] NSWCATAP 268

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hayes v Williamson [2015] NSWCATAP 268 Hearing dates: 1 December 2015 Date of orders: 10 December 2015 Decision date: 10 December 2015 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President M Anderson, Senior Member Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) In substitution for the decision of the Tribunal it is declared that the amount that should have been paid by Robert Hayes and Bernadette Hayes to Gemma Williamson and Hannah Buckle and Jenna Phillips is $575.00 in substitution for the amount of $1,465.71 originally ordered by the Tribunal. (4) That consequent upon the declaration in order 3, Gemma Williamson and Hannah Buckle and Jenna Phillips are to forthwith repay to Robert Hayes and Bernadette Hayes, the sum of $890.71. Catchwords: ADMINISTRATIVE LAW- Civil and Administrative Tribunal (NSW) - no appeal as of right established- leave to appeal under section 80(2)(b) Civil and Administrative Tribunal Act 2013 (NSW) -considered whether leave pursuant to clause 12 of Schedule 4 of the Civil and Administrative Tribunal Act 2013 (NSW) may be granted- leave granted as decision was against weight of evidence and based upon an error of fact- appeal allowed- substituted decision on reduction of rent under section 45 of the Residential Tenancies Act 2010 (NSW) due to storm damaged premises. Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Bernadette & Robert Hayes (Appellants) Gemma Williamson (First Respondent) Hannah Buckle (Second Respondent) Jenna Phillips (Third Respondent) Representation: Appellants (self represented) Respondents (self represented) File Number(s): AP 15/53289 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: Not Applicable Date of Decision: 3 September 2015 Before: C Marzilli File Number(s): RT 15/39606