Pacorp Holdings Pty Ltd v Waller [2017] NSWCATAP 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pacorp Holdings Pty Ltd v Waller [2017] NSWCATAP 167 Hearing dates: 29 May 2017 Date of orders: 07 August 2017 Decision date: 07 August 2017 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member D Fairlie, Senior Member Decision: 1. Time in which to lodge the appeal is extended to 24 February 2017; 2. Leave to appeal is granted in respect of the calculation of the reduction under s 44(1)(b) of the Residential Tenancies Act 2010 of rent payable; 3. Pursuant to s 81(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) Order 1 made on 24 January 2017 is varied to be: "Pacorp Holdings Pty Ltd is to pay April Waller the sum of $6,627.71"; 4. Pursuant to s 81(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) Order 2 made on 24 January 2017 is varied to be: "Pacorp Holdings Pty Ltd is to pay April Waller costs in the sum of $999.00 being the cost of an expert report relating to mould in the premises"; 5. The amount of $1,001.00 already paid by the appellant to the respondent is to be credited to the amount payable under Order 1, so that the total amount to be paid by the appellant to the respondent under Orders 1 and 2 is $6,625.71, payable within 30 days from the date of these orders. 4. The appeal is otherwise dismissed. Catchwords: APPEAL: Residential tenancies – Mould - Rent reduction – Compensation for damage to personal goods – Cost of obtaining mould report Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 216 Bannister v Cheung [2014] NSWCATCD 105 Bhandari v Laming [2015] NSWCATAP 224 Collins v Urban [2014] NSWCATAP 17 Fox v Vaucluse Bowling Club Ltd [2017] NSWCATAP 160 Gallagher v Masters Installation Pty Ltd [2017] NSWCATAP 117 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Leisure Brothers Pty Ltd v Smith [2017] NSWCATAP 11 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Pacorp Holdings Pty Ltd (Appellant) April Waller (Respondent) Representation: J Chan (Agent for Appellant) A Waller (Respondent in person) File Number(s): AP 17/09480 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 24 January 2017 Before: J Ringrose, General Member File Number(s): RT 16/45753