Rainsford v NSW Land and Housing Corporation [2018] NSWCATAP 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rainsford v NSW Land and Housing Corporation [2018] NSWCATAP 8 Hearing dates: 30 August 2017 Date of orders: 05 January 2018 Decision date: 05 January 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member M Anderson, Senior Member Decision: 1 Leave to appeal is refused. 2 The appeal is otherwise dismissed. Catchwords: Residential Tenancy Agreement- landlord's liability for actions of neighbour, repairs to fence, quiet enjoyment. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Residential Tenancies Act, 2010 Cases Cited: Australian Provincial Assurance Co Ltd v Coroneo (1938) 38 SR (NSW) 701 Collins v Urban [2014] NSWCATAP 17 Rainsford v NSW Land and Housing Corporation [2016] NSWCATAP 260 Texts Cited: Nil Category: Principal judgment Parties: Appellant: James Rainsford Respondent: NSW Land and Housing Corporation Representation: Appellant: By telephone Respondent: J O'Connor (Counsel)

Solicitors: Not applicable File Number(s): AP 17/23848 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 5 May 2017 Before: J Lynch, General Member File Number(s): SH 16/49059