Moniaci v Erickson [2016] NSWCATAP 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moniaci v Erickson [2016] NSWCATAP 34 Hearing dates: 17 December 2015 Date of orders: 09 February 2016 Decision date: 09 February 2016 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member S Thode, Senior Member Decision: Leave to appeal refused and appeal dismissed. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – residential tenancy dispute – whether residential premises fit for habitation – flooding of granny flat after storm – application for rent abatement and compensation – adjournment requests refused before hearing – whether denial of procedural fairness – no error found – leave to appeal refused – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Cases Cited: CKG v Public Guardian [2014] NSWCATAP 32 Collins v Urban [2014] NSWCATAP 17 Minister for Immigration and Citizenship v Li (2013) 87 ALJR 618; 297 ALR 225 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 at 611 [40]; [2002] HCA 11 Raslan v Pan [2015] NSWCATAP 12 Re Minister for Immigration and Multicultural Affairs: Ex parte Lam (2003) CLR 1 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 Category: Principal judgment Parties: Mr Robert Moniaci(Appellant) Ms Michelle Kim Erickson (Respondent) Representation: Self-representation File Number(s): AP 15/53723 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: NA Date of Decision: 8 September 2015 Before: A McMurran, Member File Number(s): RT 15/45323