Bondarek v NSW Land and Housing Corporation [2018] NSWCATAP 299

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bondarek v NSW Land and Housing Corporation [2018] NSWCATAP 299 Hearing dates: 22 November 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Appeal Panel Before: G K Burton SC, Senior Member J Kearney, Senior Member Decision: 1. To the extent necessary, grant leave to appeal.

2. Appeal allowed.

3. Vary order 1 made on 9 August 2018 and substitute the following orders: "1. Pursuant to s 44 of the Residential Tenancies Act 2010 (NSW), order that the tenant is not obliged to pay any of the rent for the period 28 May 2018 to 27 July 2018. 2. Pursuant to s 187(1)(c) of the Residential Tenancies Act 2010 (NSW), order that the respondent landlord repay or recredit to the tenant any rent paid by the tenant to the landlord for the period in order 1."

4. Set aside order 2 made on 9 August 2018.

5. Remit the matter to the Consumer and Commercial Division for hearing before any member of the tenant's application for compensation under Residential Tenancies Act 2010 (NSW) s 187(1)(d), with directions for any further evidence and submissions in addition to the existing evidence and submissions that the parties lodge and serve in accord with such directions.

6. Order that the respondent pay the appellant's costs of the renewal application and of this appeal on the ordinary basis as agreed or assessed. Catchwords: Residential tenancy - social housing - no error of law - no basis for leave 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) Interpretation Act 1987 (NSW) Cases Cited: Akratos v Papadopoulos [2016] NSWCATAP 139 Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 2016 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bremer v Jones Family Investment PL [2002] NSWCTTT 195 Brooker v PJ & JA Worth PL [2014] NSWCATCD 114 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 Chapman v Taylor [2004] NSWCA 456 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia (1995) 184 CLR 163 Johnson v Lukeman [2016] NSWCATAP 272 Kostas v HIA Insurance Services PL (2010) 241 CLR 390 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Owen v Kim [2017] NSWCATAP 26 Patioman v Barbat [2005] NSWCTTT 72 Pollard v RRR Corporation PL [2009] NSWCA 110 Qushair v Raffoul [2009] NSWCA 329 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Saunders v AJ Jagoe PL [2013] NSWCTTT 121 Vasudevan v Blessed Sydney Constructions PL [2018] NSWCATAP 98 Texts Cited: None cited Category: Principal judgment Parties: Lech Bondarek (Appellant) NSW Land and Housing Corp (Respondent) Representation: Counsel: C Liedermann (Appellant) J O'Connor (Respondent) File Number(s): AP 18/37490 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer Commercial Division Citation: [2018] NSWCATCD Date of Decision: 14 August 2018 Before: J Smith, General Member File Number(s): SH 18/27702 (renewal of SH 18/22034)