Sutevski v Safa [2017] NSWCATAP 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sutevski v Safa [2017] NSWCATAP 165 Hearing dates: 14 July 2017 Date of orders: 02 August 2017 Decision date: 02 August 2017 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President DAC Robertson, Senior Member Decision: 1. Application for leave to appeal refused. 2. Appeal dismissed. Catchwords: APPEAL – Residential Tenancies - claim for repayment of water usage charges – water efficiency measures – whether decision against the weight of evidence – whether application brought within time Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 1987 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies (Residential Premises) Regulation 2006 (NSW) Residential Tenancies Regulation 2010 (NSW) Cases Cited: Australian Education Union v Victoria (Dept of Education and Early Childhood Development) (2015) 239 FCR 461 Collins v Urban [2014] NSWCATAP 17 Government of Penang v Oon [1972] AC 425 Texts Cited: Heydon, Cross on Evidence (looseleaf) Category: Principal judgment Parties: John Sutevski and Valentina Sutevski (Appellants) Ahmad Safa (Respondent) Representation: M Michailou, Property Agent (Appellants)

A Safa (Respondent) File Number(s): AP 17/20342 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Date of Decision: 7 April 2017 Before: G Kinsey, Tribunal Member File Number(s): RT 16/54840