NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Web v Rodriguez Martin [2016] NSWCATAP 171 Hearing dates: 3 November 2015 Date of orders: 26 July 2016 Decision date: 26 July 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member D Goldstein, Senior Member Decision: (1) The appeal is allowed in part;
(2) Order 1 made 26 August 2015 is varied as follows: 1. The appellant's Wolfgang Jaimez Web and Gregory D'Elbert Down are to pay the respondent, Racquel Rodriguez Martin the sum of $5,812.75 within fourteen days from the date of this decision.
(3) Save as provided above, the appeal is dismissed and the stay previously made in respect of the orders in application RT 15/35862 is lifted. Catchwords: Appeal on questions of law- time to bring application in respect of the bond and under s55 of the Residential Tenancies Act Leave to appeal- no evidence of tenants breach re damage to external paintwork, liability of tenants painting premises, liability for unauthorised alterations Legislation Cited: Civil and Administrative Act 2013 Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act, 2010 Residential Tenancies Regulation 2010 Cases Cited: Collins v Urban [2014] NSWCATAP 17Rodriquez Martin v Web & Down [2015] NSWCATCD 103 Commonwealth v Verwayen [1990] 170 CLR 394 Kang v Khan [2014] NSWCATAP 48 Southern Cross Community Housing Ltd v Macklan & Anor [2014] NSWCATCD 125 St George Community Housing v El-Nachar (Social Housing) [2013] NSWCTTT 184 Texts Cited: Nil Category: Principal judgment Parties: Wolfgang Jaimez Web (Appellant) Gregory D'Elbert Down (Appellant) Racquel Rodriguez Martin (Respondent) Representation: Appellants: Mr Web (in person) for both appellants Respondent: In person File Number(s): AP 15/50830 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: [2015] NSWCATCD 103 Date of Decision: 26 August 2015 Before: L Williams, General Member File Number(s): RT 15/35862
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