Cook v Mintus Properties Pty Ltd [2019] NSWCATAP 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cook v Mintus Properties Pty Ltd [2019] NSWCATAP 179 Hearing dates: 22 May 2019 Date of orders: 17 July 2019 Decision date: 17 July 2019 Jurisdiction: Appeal Panel Before: A Bell, SC, Senior Member K Ransome, Senior Member Decision: We make the following orders: a) Grant leave to appeal; b) Appeal allowed; c) Order 1 made by the Tribunal on 21 February 2019 is discharged; d) Order that the respondent Mintus Properties Pty Ltd is to pay the applicant Ms Heather Cook the sum of $1,000 within 28 days of the date of this order. Catchwords: APPEAL – residential tenancy – whether tribunal decided claim under wrong section – no error as tribunal took most favourable approach to claimant - whether significant new evidence has arisen – whether decision against the weight of the evidence – failure to take uncontradicted evidence into account Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Al-Daouk v Mr Pine Pty Ltd [2015] NSWCATAP 111 Owners SP 76269 v Draybi Bros [2014] NSWCATAP 20 Category: Principal judgment Parties: Heather Cook (Appellant) Mintus Properties Pty Ltd (Respondent) Representation: H Cook (Appellant in person) Ray White Jervis Bay (Agent for the respondent) File Number(s): AP 19/11649 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 21 February 2019 Before: J Levingston, Member File Number(s): RT 18/49362