Waller v Pacorp Holdings Pty Ltd [2017] NSWCATCD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Waller v Pacorp Holdings Pty Ltd [2017] NSWCATCD 5 Hearing dates: 6 December 2016 and 20 December 2016 Decision date: 24 January 2017 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1. The respondent is to pay the applicant the sum of $11,567.25 within 30 days of the date of these orders.

2. The respondent is to pay the applicant costs in the sum of $990.00 being the cost of an expert report relating to mould in the premises within 30 days of the date of these orders. Catchwords: Reduction of rent for loss of facilities. Cases Cited: Bannister v Cheung [2014] NSWCAT CD 105 Northern Sandblasting Pty Ltd v Harris [1997] 188 CLR 313 at 370 Category: Principal judgment Parties: April Waller (Applicant) Pacorp Holdings Pty Ltd (Respondent) Representation: The applicant appeared in person. Ms Watkinson appeared on behalf of the respondent. File Number(s): RT 16/45753 Publication restriction: Nil

reasons for decision

APPLICATION 1. The initial application in this matter RT 16/40473 was filed on 4 September 2016 and that application was dismissed on 21 September 2016 as the applicant failed to attend the hearing. On 31 October 2016 the application was reinstated (RT 16/43166) and the earlier order dismissing the previous application was set aside. The initial application was reinstated as matter RT 16/45733 and the name of the respondent was amended. 2. The reinstated application claimed compensation in the sum of $5,000.00 and a payment of $3,200.00 together with a reduction of rent and an order for repairs to be carried out. That claim was amended when particulars of the applicant's claim were subsequently provided. 3. On 31 October 2016 orders were made for the applicants to file and serve all documents including witness statements by 14 November 2016 and for the respondent to file all documents including witness statements by 28 November 2016. On 14 November 2016 the applicant sought an extension of time to enable a mould evaluation report to be prepared. The timetable was extended to 2 December 2016 and the hearing date was confirmed for 6 December 2016. 4. The matter was heard for three hours on 6 December but the parties had only partially completed their evidence and submissions. The matter was fixed for a further three hour period and was listed again on 20 December 2016 when evidence and submissions were concluded and the decision was reserved.