Corcoran v Far [2017] NSWCATCD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Corcoran v Far [2017] NSWCATCD 40 Hearing dates: 8 May 2017 Decision date: 25 May 2017 Jurisdiction: Consumer and Commercial Division Before: D G Charles, Senior Member Decision: 1. Pursuant to s 175 of the Residential Tenancies Act 2010 NSW ("RTA"), within fourteen days of the date of this order, the respondent is to pay to the applicant the sum of $1,160.00, being the rental bond amount paid by the applicant to the respondent on or about 24 March 2016.

2. The applicant's claim for compensation under s 187(1)(d) of the RTA is dismissed. Catchwords: RESIDENTIAL TENANCY – disputes between head tenant and sub-tenant - monetary limit of Tribunal's jurisdiction for compensation and rental bond claims – whether sub-tenant wrongfully locked out – exercise of Tribunal's discretion in sub-tenant's various compensation claims including non-economic loss Legislation Cited: Residential Tenancies Act 2010 NSW Residential Tenancies Regulation 2010 NSW Civil and Administrative Tribunal Act 2013 NSW Civil Liability Act 2002 NSW Cases Cited: Corcoran v Far [2017] NSWCATAP 16 Gartell v Roth [2015] NSWCATAP 182 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Sharon v Diamond Bay Construction Pty Ltd [2003] NSWCTTT 682 (17 September 2003) Texts Cited: Anforth Christensen Bentwood Residential Tenancies Law and Practice New South Wales 6th Edition Category: Principal judgment Parties: Aaron Corcoran (applicant) Peter Far (respondent) Representation: Both parties were self - represented File Number(s): RT 17/03857 Publication restriction: Unrestricted