Hunter v Compass Housing Services Co Limited

[2023] NSWCATCD 72

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

Hunter v Compass Housing Services Co Limited [2023] NSWCATCD 72

Hearing dates:

6 July 2023

Date of orders:

31 July 2023

Decision date:

31 July 2023

Jurisdiction:

Consumer and Commercial Division

Before:

J Searson, General Member

Decision:

1. The landlord, Compass Housing Services Co Limited t/as Home in Place is to pay the tenant, Natasha Hunter, the sum of $2000 on or before 18 August 2023.

2. To the extent necessary, leave is granted to extend the time for the filing of the application in this matter to 28 April 2023.

3. The respondent’s name is amended to Compass Housing Services Co Limited t/as Home in Place.

Catchwords:

LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Compensation —failure to repair— non-economic loss.

Legislation Cited:

Civil and Administrative Tribunal Act 2013

Civil Liability Act 2002 (NSW)

Residential Tenancies Act 2010

Residential Tenancies Regulation 2010

Cases Cited:

Baltic Shipping Co v Dillon [1993] HCA 4

Bannister v Cheung [2014] NSWCATCD 105

Cooley v Department of Housing (2003)

Ellington v Evens (2009)

Fretin and Sun v Robinson (2005)

Fuller v NSW Land and Housing Corporation [2013] NSWCTTT 648

Hadley v Baxendale [1854] EngR 296

Hartland and Panuccio v Bergmark (2010)

Hyndes v Maddak Pty Ltd [2021] NSWCATAP 302

Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22

Moore v Scenic Tours Pty Ltd [2020] HCA 17

Reiss and Olsen v Massey (2010)

Reiss v Helson [2001] NSWSC 486

Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9

Weeks v Bond [1997] QCA 349

Texts Cited:

Residential Tenancies Law and Practice New South Wales, 6th Edition by Allan Anforth, Peter Christenson and Sophie Bentwood

Category:

Principal judgment

Parties:

Natasha Hunter (Applicant)

Compass Housing Services Co Limited t/as Home in Place (Respondent)

Representation:

Mr Mackenzie (Applicant)

Ms Hall (Respondent)

File Number(s):

SH 23/20268

Publication restriction:

Unrestricted

REASONS FOR DECISION

APPLICATION

1. This is an application by the tenant for compensation as a result a failure of repair and due to water ingress and mould in the property. The amount of compensation that was sought by the tenant was $12,000 in her application. This amount represented her loss of enjoyment and inconvenience due to the issues that she experienced whist in the premises.

2. The application was opposed by the respondent landlord.

JURISDICTION

3. The Tribunal has jurisdiction to hear and determine this matter. The applicant is a tenant, and the dispute relates to a residential tenancy within the meaning of the Residential Tenancies Act 2010 (“RT Act”). The premises are social housing premises within the meaning of s 136 of the RT Act.

4. The Tribunal is a statutory body, established on 1 January 2014 by the Civil and Administrative Tribunal Act 2013 (NSW) section 7(2)(a) (‘NCAT Act’).

5. Under Schedule 4 section 3 of the NCAT Act, the Tribunal’s Consumer and Commercial Division has jurisdiction in relation to matters arising under the Residential Tenancies Act 2010 (“RT Act”).

EVIDENCE

6. The parties entered into a…