Hundt v Kong [2018] NSWCATAP 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hundt v Kong [2018] NSWCATAP 156 Hearing dates: 3 May 2018 Date of orders: 27 June 2018 Decision date: 27 June 2018 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member G K Burton SC, FCIArb, Senior Member Decision: (1) Appeal allowed.

(2) Set aside the Tribunal's decision to dismiss the tenant's compensation claim.

(3) To the extent necessary, extend time for lodgement of the tenant's compensation claim to 3 November 2017.

(4) Remit the tenant's compensation claim for reconsideration by the Tribunal differently constituted. Catchwords: Residential tenancy - continuing breach, complaint, attempted remediation – lodgement of claim within time – in the alternative, extension of time for lodgement of claim Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Interpretation Act 1987 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Cases Cited: House v R (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2015] NSWCATAP 281 New South Wales Housing Corporation v Tanious [2016] NSWCATCD 57, BC201608161 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Tanious v New South Wales Housing Corporation [2016] NSWCATAP 246 Category: Principal judgment Parties: James Colin Hundt (appellant) Tina Kong (respondent) Representation: Appellant: In person Respondent: In person File Number(s): AP18/11026 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Commercial and Consumer Division Citation: [2017] NSWCATCCD Date of Decision: 14 February 2018 Before: N Alamali, Member File Number(s): RT17/47062