Turnbull v Mission Australia Housing [2016] NSWCATAP 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turnbull v Mission Australia Housing [2016] NSWCATAP 147 Hearing dates: 20 January 20163 February 2016 (final written submissions) Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Appeal Panel Before: A Britton, Principal Member K Rosser, Senior Member Decision: The time to file the Notice of Appeal is extended to 26 October 2015. That part of the decision under Appeal relating to the application for compensation for alleged excessive electricity charges incurred by Ms Turnbull is set aside and remitted for reconsideration by the Tribunal without further evidence. The balance of the decision under Appeal is confirmed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL — scope of power under s 44 of Residential Tenancies Act 2010 (NSW) — whether National Rental Affordability Scheme guidelines must be taken into account in exercising power under s 44 of Residential Tenancies Act 2010 — nature of the requirement to give adequate reasons — interrelationship between power to award compensation under the Residential Tenancies Act 2010 (NSW) and s 16 of the Civil Liability Act 2002 (NSW) Legislation Cited: Civil Liability Act 2002 (NSW) Civil and Administrative Tribunal Act 2013 (NSW). Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) National Rental Affordability Scheme Act 2008 (Cth), Income Tax Assessment Act 1997 (Division 380) (Cth) National Rental Affordability Scheme Regulations 2008 (Cth) Cases Cited: Beetham, Wendy Anne v Repetylo, Osyp (Joe) [1998] NSWRT 2 Berkeley Challenge Pty Ltd v Howarth [2013] NSWCA 370 George Papazachariou v Michael Antoun [2015] NSWCATAP 157 Insight Vacations Pty Ltd v Young [2010] NSWCA 137 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Khan v Kang [2014] NSWCATAP 48 O'Brien v Twyman [2016] NSWCATAP 125 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Sydney Supermarkets Pty Limited v Xu [2009] NSWADTAP 28 Wainohu v New South Wales [2011] HCA 24, (2011) 243 CLR 181; Beale v GIO (1997) 48 NSWLR 430; Collins v Urban [2014] NSWCATAP Category: Principal judgment Parties: Rachael Turnbull (Appellant) Mission Australia Housing (Respondent) Representation: In person (Appellant)