Dwyer v Department of Justice and Attorney General (NSW) [2017] NSWCATCD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dwyer v Department of Justice and Attorney General (NSW) [2017] NSWCATCD 15 Hearing dates: 8 February 2017 Date of orders: 08 February 2017 Decision date: 08 March 2017 Jurisdiction: Consumer and Commercial Division Before: J C Thompson, General Member Decision: (1) The name of the respondent is amended to: Department of Justice and Attorney General (NSW). (2) The respondent is to repair or replace the air conditioner in the lounge room of the premises by 23 February 2017. (3) The respondent is to pay the tenant the sum of $300.00 on or before 8 March 2017, on account of the unavailability of a serviceable air-conditioner in the lounge room of the premises over the period 1 December 2016 to 8 February 2017. (4) The applicant is granted an abatement of rent at the rate of $25.00 per week, from $180.00 to $155.00 per week, for the period from 9 February 2017 until the earlier of the date upon which the air conditioner is repaired or replaced, or 28 February 2017, a maximum of 20 days. Catchwords: Compensation for unavailability of serviceable air-conditioner; rebate of rent until working air-conditioner provided. Legislation Cited: Residential Tenancies Act 2010, ss. 43, 44, 45, 52, 53, 63, 65 and 187. Cases Cited: Casey Harris v Aboriginal Housing Office Unreported SH14/51257; 29 January 2015; Member K. Ross. Glassford & Ors v Lawmucot Pty Ltd t/a Murray Haven (Residential Parks) [2008] NSWCTTT 1224 Category: Principal judgment Parties: Applicant - Kym Dwyer Respondent - Department of Justice and Attorney General (NSW) Representation: Applicant - Applicant in person. Respondent - Mr C. M. Noye, employee of Australian Wool & Pastoral Agency Ltd trading as Schute Bell Whitbread & Co, Real Estate Agent. File Number(s): RT 17/05412 Publication restriction: Nil