Clark v Callil [2017] NSWCATAP 229

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Clark v Callil [2017] NSWCATAP 229 Hearing dates: 16 October 2017 Date of orders: 13 December 2017 Decision date: 13 December 2017 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member D Fairlie, Senior Member Decision: (1) Leave to appeal refused.

(2) Appeal dismissed. Catchwords: APPEAL: Residential tenancies – Compensation – Rent reduction – Whether error of law – Whether leave to appeal should be granted. Legislation Cited: Civil and Administrative Tribunal Act 2013 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 Collins v Urban [2014] NSWCATAP 17 Italiano v Carbone [2005] NSWCA 177 Leisure Brothers Pty Ltd v Smith [2017] NSWCATAP 11 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Temple v AMR Motors Pty Limited [2017] NSWCATAP 221 Category: Principal judgment Parties: Graeme Clark (Appellant) Mark Callil (Respondent) Representation: In Person (Appellant) In Person (Respondent) File Number(s): AP 17/35409 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 20 July 2017 Before: S Corley, General Member File Number(s): RT 17/19261