Shpak v Sarakiniotis [2018] NSWCATAP 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shpak v Sarakiniotis [2018] NSWCATAP 36 Hearing dates: 7 November 2017 Date of orders: 02 February 2018 Decision date: 02 February 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Currie, Senior Member Decision: 1. The appeal is allowed in part.

2. The decision to dismiss the claim for compensation and an order for rent reduction in connection with items of claim 5.1- 5.7 recorded in paragraph 5 of the reasons dated 8 September 2017 is set aside.

3. The proceedings are remitted to the Tribunal to determine, in accordance with law, the appellants' claims for compensation and/ or rent reduction in applications RT 17/29667 and RT 17/34045 in respect of items 5.1- 5.7 only, being those items recorded in paragraph 5 of the reasons dated 8 September 2017.

4. Unless the Deputy President or Principal Member/ List Manager otherwise determine, the remitted proceedings are to be determined by the Tribunal as originally constituted on 8 September 2017.

5. Unless the Tribunal otherwise orders, the hearing of the remitted proceedings is to be determined on the evidence originally filed by the parties and any oral evidence at the hearing on 8 September 2017.

6. Nothing in these orders otherwise prevents the Tribunal from making such directions as it considers appropriate for the just, quick and cheap resolution of the real issues in dispute.

7. Save as provided above, the appeal is dismissed. Catchwords: Residential Tenancies Act- order to carry out work, power to make conditional orders and ancillary orders, access to premises.