Tanious v NSW Land and Housing Corporation [2016] NSWCATAP 246

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tanious v NSW Land and Housing Corporation [2016] NSWCATAP 246 Hearing dates: 24 October 2016 Date of orders: 15 November 2016 Decision date: 15 November 2016 Jurisdiction: Appeal Panel Before: Wright J, President Emeritus Prof G de Q Walker, Senior Member Decision: (1) The appeal is dismissed. (2) Leave to appeal is refused. Catchwords: RESIDENTIAL TENANCY – appeal from order to remove metal coverings from windows under s 187 of the Residential Tenancies Act 2010 – whether right to quiet enjoyment entitled tenant to install metal coverings without prior written permission – tenant not entitled to install metal coverings

RESIDENTIAL TENANCY – whether Tribunal erred in law by relying on inadmissible or otherwise inappropriate evidence – Tribunal not bound by Uniform Civil Procedure Rules 2005 – Tribunal not bound by rules of evidence in these proceedings – no error in Tribunal's approach to evidence demonstrated Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Residential Tenancies Act 2010 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 216 Hancock v East Coast Timber Products Pty Limited [2011] NSWCA 11 Martins Camera Corner Pty Ltd v Hotel Mayfair Ltd [1976] 2 NSWLR 15 Category: Principal judgment Parties: Mr Mofeed Louis Tanious (appellant) NSW Land and Housing Corporation (respondent) Representation: The appellant in person Mr C McMeniman, of counsel, for the respondent File Number(s): AP 16/37819 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 10 August 2016 Before: G Sarginson, General Member File Number(s): SH 16/25006