Jusayan v Ang [2018] NSWCATAP 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jusayan v Ang [2018] NSWCATAP 103 Hearing dates: 24 April 2018 Date of orders: 01 May 2018 Decision date: 01 May 2018 Jurisdiction: Appeal Panel Before: The Hon F Marks Principal Member G Sarginson Senior Member Decision: 1. Appeal dismissed Catchwords: Appeal-grounds of appeal not particularised-no error identified in Decision under appeal-leave to appeal not made out-leave to appeal refused-appeal dismissed Legislation Cited: Residential Tenancies Act 2010 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules Cases Cited: Collins v Urban [2014] NSWCATAP 17 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Category: Principal judgment Parties: Christine Joy Jusayan appellant Kooi Gan Ang respondent Representation: T Wootten for appellant Respondent no appearance File Number(s): AP 18/10019 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 12 February 2018 Before: J Smith Senior Member File Number(s): RT 17/36403

reasons for decision

Introduction 1. The appellant Christine Joy Jusayan leased residential premises from the respondent Kooi Gan Ang. She commenced proceedings in this Tribunal seeking a number of orders under 10 specified sections of the Residential Tenancies Act ("the Act"). In essence, the appellant complained that there were many defects in the leased property which required rectification, many had not been attended to despite the agent having been given notice of them, some had been rectified by her partner Tristan Wootten who resided with her in the premises, and that overall the value of the tenancy had been reduced. She claimed a rent reduction and monies for reimbursement of rectification expenses. It appears that the tenancy had come to an end, at least when the proceedings came on for hearing before a Senior Member of this Tribunal. The appellant was awarded compensation and allowances totalling $2422.65. There was deducted from that amount the sum of $1657.14 which the appellant owed in rent, leaving a net amount payable to her of $761.51. The appellant has sought leave to appeal from that decision. 2. Mr Wootten appeared at the hearing with the appellant before the Senior Member and during the proceedings in the Appeal Panel. He stated that the appellant had a brain injury. There was no appearance by the respondent at the Appeal Panel hearing. Mr Wootten had been granted leave to represent the appellant under section 45 of the Civil and Administrative Tribunal Act 2015 in the Appeal Panel proceedings at a directions hearing on 13 March 2018.