Bonnici v KVSI Management Pty Ltd [2015] NSWCATAP 282

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bonnici v KVSI Management Pty Ltd [2015] NSWCATAP 282 Hearing dates: 2 November 2015 Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction: Appeal Panel Before: John Harris SC, Senior Member T Simon, Senior Member Decision: The Appeal is dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: David Bonnici (Appellant) KVSI Management Pty Ltd t/as Kennards Self Storage Waterloo Representation: Appellant in Person T Vuong for the respondent File Number(s): AP 15/45813 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Decision Citation: [2015] NSWCAT Date of Decision: 15 July 2015 Before: S DeJersey, General Member File Number(s): 15/29774

Reasons for the Decision 1. Oral reasons were initially provided at the hearing of this matter and these written reasons have been provided after a request for written reasons was made by the appellant. 2. It is also noted that during the giving of our oral reasons at hearing, the Appeal Panel were made aware by a technician that the sound recording had not been working throughout the Appeal hearing. The matter was subsequently transferred to another room where the reasons for decision were given. Accordingly no transcript will be available of the actual hearing. 3. The appeal was lodged on 31 July 2015. It relates to a decision made by the Tribunal on 15 July 2015 dismissing the appellant's application. The initial application was a claim for compensation for $7,000.00 for replacement of personal items including CDs, books, photographs and a blue-ray player and sound system. The applicant had lodged his personal belongings with the respondent for storage and there had been a signed contract, including conditions between the parties dated 19 February 2015. The goods appear to have become water damaged after strong storms in April 2015. 4. An appeal must be lodged within 28 days from the day on which the appellant was notified of the decision or given reasons for the decision, whichever is the later: Civil and Administrative Tribunal Rules 2014 (NSW), r 25(4)(c). The appeal has been filed within time.