Elsom &Taylor– Parker v Coroneos [2016] NSWCATCD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elsom &Taylor– Parker v Coroneos [2016] NSWCATCD 47 Hearing dates: 18 April 2016 Decision date: 26 May 2016 Jurisdiction: Consumer and Commercial Division Before: L Wilson, Senior Member Decision: The application is dismissed Catchwords: RESIDENTIAL TENANCY − application by tenants for rent reduction or compensation – noise from occupant of another unit − noise not caused by landlord − uninhabitable Legislation Cited: Residential Tenancies Act 2010 (NSW) ss 43, 45 and 187 Civil and Administrative Tribunal Act 2013 (NSW) s 45 Cases Cited: Menashi v Ly [1997] NSWRT 162 De Soleil v Palmhide Pty Ltd (Tenancy) [2010] NSWCTTT 464 Cameron, Brian (Tenant) v Pemberton, Phil (Landlord) [1997] NSWRT 264 Finn v Finato (Tenancy) [2004] NSWCTTT 179 Hector and ors v Payne and ors [1997] NSWRT 87 Ebbelid and anor v Qin [2014] NSWCATCD 173 Category: Principal judgment Parties: Timothy Andrew Elsom and Brittany Taylor-Parker (applicants) Gloria Coroneos and Alex Coroneos (respondents) Representation: Applicant: by step mother Annelise Tuor Respondent: by agent Yvonne Buckley File Number(s): RT 16/08917 Publication restriction: Nil

REASONS FOR DECISION 1. These proceedings involve a claim by the applicant tenants for compensation in respect of a residential tenancy agreement, which is ongoing, or for a rent reduction. There is no application by either party for the agreement to be terminated.