G MacFayden and Anor v G Tadrosse

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Kastrounis v NSW Land & Housing; Kastrounis v Housing NSW [2014] NSWCATCD 194
Hearing dates:	12 June 2014
Decision date:	22 October 2014
Jurisdiction:	Consumer and Commercial Division
Before:	G Meadows, Senior Member
Decision:	The respondent is to carry out the following works within 60 days of the date of these orders: arrange an investigation by a qualified electrician to investigate whether water ingress is causing a safety hazard within the premises including in relation to every light and power outlet, and to provide either a certification that the system is safe or a scope of repairs that may be required; to properly fix the toilet bowl to the floor; to arrange an investigation by a suitably qualified building consultant or engineer that no wall within the premises is so affected by water ingress or water damage as to be about to cave in or collapse, and to provide either a certification that the wall is safe or else a scope of work to repair any wall; The applications are otherwise dismissed.
Legislation Cited:	Residential Tenancies Act 2010 Consumer Trader & Tenancy Tribunal Act 2001 Civil & Administrative Tribunal Act 2013
Category:	Principal judgment
Parties:	Jody Kastrounis (applicant) NSW Land & Housing Corporation Housing NSW (respondent)
Representation:	Applicant in person Ms Ludmila Wicks and Mr Gary Fulbrook for respondent
File Number(s):	SH 12/54553 and SH 13/55248
Publication restriction:	Nil

Judgment

1. There being some confusion as to which matters commenced by the applicant are still current, and what claims are made in each current application, it is necessary to set out some of the history of these applications.

2. Matter SH 12/54553 was commenced as long ago as 30 October 2012. It was brought pursuant to s45 of the Residential Tenancies Act 2010 and sought:

“An order reducing the rent payable while the premises are unusable, or uninhabitable or destroyed.”

The application included voluminous (but largely illegible) copies of photographs, submissions and lists of alleged repairs needed.

3. SH 12/54553 was listed for a conciliated hearing on 05 December 2012 and was adjourned on that occasion. The file contains notations to the effect that:

“Meeting with team leader on 12 December to discuss repairs.

Will withdraw claim if matters settles [sic] prior to next hearing.”

The matter was adjourned without further orders or directions being made. The next hearing was listed for 1 February 2013 but was apparently amended at the request of the applicant who advised the Registry she was only available Monday to Thursday. The matter was then relisted for 4 February 2013. Somewhat unusually, the matter was listed for a further conciliated hearing on that date.

4. On 4 February 2013 there were further discussions seeking to resolve the application. Notes on the Tribunal file state that the respondent:

“agrees to arrange an inspection of the property on or before 18/2/13 to determine what repairs the respondent will undertake. … The applicant will be provided with a list of agreed repairs.