Davies-Evans v MacCulloch [2018] NSWCATAP 253

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Davies-Evans v MacCulloch [2018] NSWCATAP 253 Hearing dates: 6 September 2018 Date of orders: 25 October 2018 Decision date: 25 October 2018 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member Dr J Lucy, Senior Member Decision: The appeal is dismissed. Catchwords: APPEAL – Residential tenancies – Where appellant tenant claimed rent reduction having regard to the reduction or withdrawal by the landlord or services or facilities, due to mould in premises – Whether Tribunal erred in stating that tenant had to prove that the mould was the landlord's fault – Whether Tribunal erred in failing to consider whether services or facilities were reduced, not merely withdrawn Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Cases Cited: Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Shailer v Serisier [2016] NSWCATAP 131 Category: Principal judgment Parties: Stephanie Davies-Evans (Appellant) RDD MacCulloch (Respondent) Representation: Solicitors: Legal Aid NSW (Appellant) Q Lea (Agent) (Respondent) File Number(s): AP 18/24275 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 2 May 2018 Before: N Alamali, General Member File Number(s): RT 17/46397