Udy v Tilley [2018] NSWCATAP 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Udy v Tilley [2018] NSWCATAP 89 Hearing dates: 15 March 2018 Date of orders: 26 April 2018 Decision date: 26 April 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J McAteer, Senior Member Decision: (1) The application for leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: RESIDENTIAL TENACNT AGREEMENT- claim for refund of water usage charges-breach of agreement-time limit to bring application-date tenant became aware of breach Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Residential Tenancies Act, 2010 (NSW) Residential Tenancies Regulation, 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Texts Cited: Nil Category: Principal judgment Parties: Michael Udy (Appellant) Monique Tilley (Respondent) Representation: In person (Appellant) By phone and P Tilley in person(Respondent) File Number(s): AP 17/52295 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 24 November 2017 Before: S de Jersey, General Member File Number(s): RT 17/31878