Kaci v Birch [2018] NSWCATAP 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kaci v Birch [2018] NSWCATAP 48 Hearing dates: 15 November 2017 Date of orders: 21 February 2018 Decision date: 21 February 2018 Jurisdiction: Appeal Panel Before: L P Robberds QC, Senior Member L Wilson, Senior Member Decision: 1. Application for extension of time in which to appeal is dismissed. 2. Application for leave to appeal is dismissed. 3. Appeal is dismissed. Catchwords: Residential tenancy – premises modified without Council consent – monetary claim by tenant based on lack of Council consent – tenant seeks to rely on submissions as evidence – rejected by Tribunal member – extension of time sought by tenant to appeal – principles applicable – leave to appeal – principles applicable – whether tenant suffered loss or damage Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Environment Planning & Assessment Act 1979 (NSW) Residential Tenancies Act 2010 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Category: Principal judgment Parties: Erana Kaci (Appellant) Nathan Birch (Respondent) Representation: Counsel: E Yin (Respondent)

Solicitors: SCB Legal (Appellant) Francom Legal (Respondent) File Number(s): AP 17/35781 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 17 July 2017 Before: C Campbell, General Member File Number(s): RT 17/20629