Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Hearing dates: 12 December 2016 Date of orders: 16 January 2017 Decision date: 16 January 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member G Curtin SC, Senior Member Decision: 1. To the extent necessary, leave to appeal is granted and the appeal is allowed in part;

2. The order of the Tribunal made in application SH 16/07826 dismissing the claim for an order to reduce the rent under section 44 of the Residential Tenancies Act, 2010 is set aside and in lieu thereof the following orders are made:

1 the rent shall not exceed $280.00 per week as from 14 December 2014 until 13 December 2015.

2 The respondent is to pay the appellant the sum of $2080.00 by way of refund of rent, such amount to be paid immediately.

3. The appeal is otherwise dismissed. 4. Subject to order 5 below, each party is to pay their own costs of the appeal and of the proceedings at first instance. 5. Should either party seek a different order or orders as to costs than that set out in paragraph 4 above, any application for that order shall be made in accordance with the following directions. (1) Any application for costs is to be made by the filing and service of written submissions and any evidence within 7 days from the date these orders are published; (2) Any submissions and evidence in reply by the respondent to an application for costs are to be filed and served within 14 days from the date these orders are published; (3) Any submissions in reply by the applicant for costs in relation to the application for costs are to be filed and served within 21 days from the date these orders are published; (4) If the parties do not consent to an order that the Appeal Panel dispense with a hearing of any application for costs, the parties submissions are to include submissions on whether or not an order should be made dispensing with a hearing. Catchwords: Repairs- When does a breach occur, time limit to bring claim for breach, awareness of the breach. Nature and extent of obligation to maintain in reasonable state of repair, continuing mould infestation caused by different defects in residential premises.