Murauer v Andresson [2016] NSWCATAP 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Murauer v Andresson [2016] NSWCATAP 15 Hearing dates: 9 December 2015 Date of orders: 20 January 2016 Decision date: 20 January 2016 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member R Titterton, Senior Member Decision: 1. The appeal is allowed, in so far as it relates to the Tribunal's finding and decision that the appellant is to pay the amount of $3,475.00 to the respondents, and is set aside.

2. Otherwise the appeal is dismissed.

3. The respondents are to reimburse the sum of $3,475.00 to the appellant. Catchwords: Residential Tenancies Act 2010 - Landlord's general obligations for residential premises - Landlord's general obligation – correct legal test Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administration Tribunal Rules Residential Tenancies Act 2010 (NSW) Cases Cited: Bhandari v Laming [2015] NSWCATAP 224 Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 McCabe Toshack [2014] NSWCATCD 239 Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313 Partridge v Maidi Pty Ltd [2013] NSW CTTT 390 Category: Principal judgment Parties: Mark Murauer (Appellant) Katie Andresson, Heidi Goddard, Grant Meath-Summerville (Respondents) Representation: Mr Dobrych, solicitor, for the appellant Ms Andresson and Ms Goddard (in person) File Number(s): AP15/56962 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal of NSW Jurisdiction: Consumer and Commercial Division Date of Decision: 15 September 2015 Before: G Meadows, Senior Member File Number(s): RT 15/46008