Quader v Bell [2017] NSWCATAP 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Quader v Bell [2017] NSWCATAP 24 Hearing dates: 18 January 2017 Date of orders: 07 February 2017 Decision date: 07 February 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member A Boxall, Senior Member Decision: Leave to appeal is refused and the appeal is dismissed Catchwords: Residential Tenancies Act- application by tenant to have termination notice declared retaliatory under s115 and seeking orders for rent reduction and in connection with breach of landlord's obligation to repair.

Separate question- previous hearing of s115 application as part of landlord's application for a termination order under s85.

Appeals- appealable decisions, termination order and s115 claim subject to earlier appeal decision dismissing appellant's appeal. No right to appeal decision of Appeal Panel made in earlier appeal to the Appeal Panel.

Order for repairs and payment of rent to Tribunal pending completion of repairs- Premises vacated and tenancy terminated, no utility in orders.

Rent reduction- repairs to premises, landlord attending to repairs when notified, no interference with quiet enjoyment, no reduction or withdrawal of goods, services or facilities by the landlord. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Residential Tenancies Act, 2010 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Quader v Bell [2016] NSWCATAP 116 Quader v Bell [2016] NSWSC 623 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Category: Principal judgment Parties: Wael Anis Quader (Appellant) Elaine Bell (Respondent) Representation: Appellant in person Respondent in person File Number(s): AP 16/35964 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Date of Decision: 18 June 2016 Before: P Boyce, Senior Member File Number(s): RT 16/12569