Kostadinovic v Milder [2016] NSWCATAP 237

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kostadinovic v Milder [2016] NSWCATAP 237 Hearing dates: 11 July 2016 Date of orders: 08 November 2016 Decision date: 08 November 2016 Jurisdiction: Appeal Panel Before: J. Harris SC Senior Member S Thode Senior Member Decision: (1) The decision under appeal is set aside. In lieu thereof we make the following order:

(2) The tenant Ms Sanela Kostadinovic shall pay to Dan Milder the sum of $303.58 immediately Catchwords: APPEAL - Residential Tenancies - Legislation Cited: Residential Tenancies Act 2010 Category: Principal judgment Parties: Sanela Kostadinovic (Appellant) Dan Milder (Respondent) Representation: Solicitors: Sanela Kostadinovic (Appellant in person) Tenant Advocate, K Flaifel (Respondent) File Number(s): AP 16/20215 Decision under appeal Court or tribunal: NSW Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 14 April 2016 Before: F Holles, Tribunal Member File Number(s): RT 15/66121

Court or Tribunal: NSW Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 14 April 2016 Before: F Holles, Tribunal Member File Number(s): RT 15/66121

Reasons for decision 1. The applicant appeals from a decision of the Consumer and Commercial Division of the Tribunal made on 14 April 2016 and amended pursuant to section 63 of the Civil and Administrative Tribunal Act 2013 (the NCAT Act) on 18 April 2016. The orders of the Tribunal at first instance were that the appellant (the tenant at first instance) pay to the respondent (the landlord at first instance) the sum of $633.58 on or before 29 April 2016 and that the Rental Bond Board be directed to pay to the respondent the whole of the bond plus any interest with any amount received to be credited against the money order referred to above. 2. The amount of the money order was arrived at as follows: (1) Rental arrears $978.58 (2) Flea treatment $165.00 (3) Cleaning $440.00 (4) Rubbish removal $330.00 (5) Less amount recovered from bond $1280.00 (6) Balance $633.58