Bickerton v McSelan Holdings Pty Ltd [2019] NSWCATAP 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bickerton v McSelan Holdings Pty Ltd [2019] NSWCATAP 155 Hearing dates: 24 April 2019 Date of orders: 25 June 2019 Decision date: 25 June 2019 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Charles, Senior Member Decision: Appeal dismissed. Catchwords: LANDLORD AND TENANT – residential tenancies legislation - obligations, prohibited matters and protection for lessees – reduction in services – excessive rent and compensation – assessment – no point of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 No.2 (NSW), Schedule 4, cl 12(1) Residential Tenancies Act 2010 (NSW), s 44, 63 Cases Cited: Calin v The Greater Union Organisation Pty Ltd [1992] HCA 23; (1991) 173 CLR 33 Carbone v Toyota Motor Corporation Australia Ltd [2017] VSCA 249 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 357 ALR 408 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Texts Cited: Nil Category: Principal judgment Parties: Kiley Bickerton (First Appellant) Dustin Lilburne (Second Appellant) McSelan Holdings Pty Ltd (Respondent) Representation: K Bickerton (First Appellant in person and on behalf of the Second Appellant) S McAuliffe (Director of the Respondent) File Number(s): AP 19/07864 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 30 January 2019 Before: A Nightingale, General Member File Number(s): RT 18/34757