DECISION

Fair Work Act 2009
s.372 - Application to deal with other contravention disputes

Mrs Deana Gibbons
v
Arnold Tink House Incorporated T/A Ronald McDonald House Westmead
(C2014/5933)

COMMISSIONER CAMBRIDGE

SYDNEY, 12 MARCH 2015

Application to deal with other contraventions dispute.

[1] Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR561819] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Mrs Deana Gibbons, sought an order from the Civil and Administrative Tribunal of New South Wales for the defendant, Arnold Tink House Incorporated trading as Ronald McDonald House Westmead, to remedy contraventions of the Residential Tenancies Act 2010. The primary issue was whether the respondent had contravened the Act by failing to provide the applicant with a copy of the Residential Tenancies Act and the Residential Tenancies (Standard Forms) Regulation 2010. Additionally, the application contested whether the respondent had breached the Act by refusing to allow the applicant to take her pet into the premises despite her disability, and by failing to provide a copy of the tenancy agreement within the required timeframe.

The Tribunal examined the statutory requirements under the Residential Tenancies Act and the associated regulations. It found that the respondent had indeed contravened the Act by not providing the necessary documents to the applicant. Furthermore, the Tribunal determined that the respondent had failed to accommodate the applicant's disability by denying her the right to have her pet in the premises, which constituted a contravention of the Act. The Tribunal also concluded that the respondent had breached the Act by not delivering the tenancy agreement within the prescribed period. The Tribunal ruled in favour of the applicant on all counts, ordering the respondent to provide the required documents, allow the applicant to keep her pet, and compensate the applicant for the breaches.

Consequently, the Tribunal ordered the respondent to provide the applicant with a copy of the Residential Tenancies Act and the Residential Tenancies (Standard Forms) Regulation 2010 within seven days. The respondent was also directed to permit the applicant to have her pet in the premises and to pay the applicant compensation in the amount of $1,500 for the contraventions. The Tribunal's decision underscored the importance of landlords adhering to their statutory obligations and accommodating the needs of tenants, particularly those with disabilities.

Mrs Deana Gibbons v Arnold Tink House Incorporated T/A Ronald McDonald House Westmead

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established