Gravina v Ruehl [2018] NSWCATAP 267

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gravina v Ruehl [2018] NSWCATAP 267 Hearing dates: 7 November 2018 Date of orders: 13 November 2018 Decision date: 13 November 2018 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member L Wilson, Senior Member Decision: (1) The appeal is allowed in part (2) The decision under appeal is varied to the extent only that the respondents are to pay the appellants an additional sum of $371.36 representing four days' rental payments (3) There being no application for costs, no order as to costs. Catchwords: Residential tenancy – renovation work carried out by Body Corporate resulted in dust and other substances containing excessive lead levels entering premises – expert reports – premises cleaned – held rent abated for a period of 4 days. Legislation Cited: Residential Tenancies Act 2010 Civil and Administrative Tribunal Act 2013 Cases Cited: John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 at [13]. Texts Cited: Nil Category: Principal judgment Parties: David Gravina (First Appellant) Luscheyne Mellon (Second Appellant) Mercedes Ruehl (First Respondent) Oliver McCauley (Second Respondent) Representation: L Mellon, In Person (Appellants) L Cipollone (Agent for Respondents) File Number(s): AP 18/33013 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 11 July, 2018 Before: M Tibbey Senior Member File Number(s): RT18/22291 and RT18/18811