Knezevic v KIrby [2017] NSWCATAP 190

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Knezevic v KIrby [2017] NSWCATAP 190 Hearing dates: 24 July 2017 Date of orders: 20 September 2017 Decision date: 20 September 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Senior Member Decision: 1 In relation to the unpaid gas bill of $264.88, leave to appeal is granted, and the appeal allowed in part. 2 Order 1 made 21 March 2017 is varied as follows: "(1) The landlord Danny Knezevic is to pay the tenants Duncan Kirby and Kaila Adams the sum of $850.23 immediately." 3 Order 2 takes effect on 21 March 2017. 4 Otherwise the appeal is dismissed. Catchwords: Residential tenancy agreement – tenant's liability for water, gas and electricity charges where no separate meters – where no meter readings. Legislation Cited: Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Calin v The Greater Union Organisation Pty Ltd (1991) 173 CLR 33 Maintek Services Pty Ltd v Stein Heurtey SA [2013] NSWSC 266 Texts Cited: Nil Category: Principal judgment Parties: Danny Knezevic (Appellant) Duncan Kirby and Kaila Adams (Respondents) Representation: Mr Knezevic represented himself. Ms Adams represented herself and Mr Kirby File Number(s): AP 17/15853 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 21 March 2017 Before: K Ross, Senior Member File Number(s): RT 16/44017, RT 16/50803