Corcoran v Far [2018] NSWCATAP 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Corcoran v Far [2018] NSWCATAP 13 Hearing dates: 22 August 2017 Date of orders: 08 January 2018 Decision date: 08 January 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Principal Member Decision: 1. The appeal is allowed in part.

2. Order 2 made 23 May 2017 is set aside and in lieu thereof the following order is made:

The respondent Peter Far is to pay the applicant Aaron Corcoran the sum of $615.00 as damages immediately.

3. Save as provided in order 2, the appeal is otherwise dismissed.

4. Each party is to pay their own costs of the appeal and the proceedings at first instance. Catchwords: Residential Tenancy Agreement - Damages for breach

Repudiation, acceptances of repudiation, damages for economic loss and general damages and aggravated damages. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Civil Liability Act 2002 Consumer Claims Act 1998 Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Corcoran v Far [2017] NSWCATCD 40 Curtis v Potter & Co Pty Ltd t/as The Africa Safari Co [2016] NSWCATAP 196 Draybi Bros Pty Ltd v Bede Diab, John Maklouf, Jihad Dib, Mohammad Chahrouk Draybi Bros Pty Ltd v Bede Diab, John Maklouf, Jihad Dib [2014] NSWCATCD 67 House v The King [1936] HCA 40; (1936) 55 CLR 499 Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 McDonald v Dennys Lascelles Ltd [1933] HCA 25; (1933) 48 CLR 457 Majik Markets Pty Ltd v Motor Repairs Pty Ltd (No 1) (1987) 10 NSWLR 49 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Sharon v Diamond Bay Construction Pty Ltd [2003] NSWCTTT 682 Uren v John Fairfax & Sons Pty Ltd [1966] HCA 40; (1966) 117 CLR 118 Category: Principal judgment Parties: Appellant: Aaron Corcoran Respondent: Peter Far Representation: Appellant: In person Respondent: In person File Number(s): AP 17/26430 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Corcoran v Far [2017] NSWCATCD 40 Date of Decision: 25 May 2017 Before: D Charles, Senior Member File Number(s): RT 17/03857