Sheriff v Compass Housing Services Co Ltd

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Sheriff v Compass Housing Services Co Ltd [2023] NSWCATCD 47

Hearing dates:

22 March 2023

Date of orders:

03 April 2023

Decision date:

03 April 2023

Jurisdiction:

Consumer and Commercial Division

Before:

G Ellis SC, Senior Member

Decision:

1.   The respondent is to pay the applicant $4,110.12 immediately.

Catchwords:

LAND LAW – Residential tenancies – landlord’s statutory and contractual obligation to repair –

tenants’ claim for compensation due to mould

Legislation Cited:

Residential Tenancies Act 2010 (NSW) – s 44, 63, 187

Residential Tenancies Regulation 2019 (NSW) – s 40

Cases Cited:

Banco de Portugal v Waterlow and Sons [1932] AC 452

De Chazol v Scala [2010] NSWCTTT 135

Hasell v Bagot, Shakes & Lewis Ltd [1911] HCA 62

Karacominakis v Big Country Developments Pty Ltd [2000] NSWCA 313

Northern Sandblasting Pty Ltd v Harris [1997] HCA 39; 188 CLR 313

Murarer v Andresson [2016] NSWCATAP 15

Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2017] NSWCA 151

Shrestha v Crandell Pty Ltd [2010] NSWCTTT 240

Spiers Earthworks Pty Ltd v Landec Projects Corp Pty Ltd (No 2) [2012] WASCA 53

TC Industrial Plant Pty Ltd v Robert’s Queensland Pty Ltd [1963] HCA 57

Texts Cited:

None cited

Category:

Principal judgment

Parties:

Applicant - Jasmine Sheriff
Respondent - Compass Housing Services Co Ltd

Representation:

Counsel:
Applicant - M Bridgett

Solicitors:
Applicant - Homeless Persons Legal Service

Respondent - Self-represented (K Hall)

File Number(s):

SH 23/01623

Publication restriction:

Nil

REASONS FOR DECISION

Outline

1. The applicant (the tenant) sought compensation of $15,000 from the respondent (the landlord) in relation to her occupation of a unit in Mount Hutton, based on the appearance of mould in that unit.

2. Having considered the submissions of both parties, the Tribunal determined that the landlord had breached its duty to repair the premises and that the tenant was entitled to recover compensation of $4,110.12.

Procedural history

3. After the application was filed on 12 January 2023, on 3 February 2023 an order was made extending the time for the application, the tenant was granted leave to be legally represented, and directions were made for the provision of the documents upon which the parties wished to rely at the hearing: by 17 February 2023 in the case of the tenant and by 3 March 2023 in the case of the landlord.

4. On 8 February 2023 a notice was issued to advise both parties of the date and time of the hearing. The tenant lodged documents received by the Tribunal on 27 January 2023 and 17 February 2023. The landlord lodged documents received by the Tribunal on 3 February 2023 and 2 March 2023.

Hearing

5. Due to difficulties with the audio-visual link (AVL) system, it was necessary to conduct a telephone hearing to avoid an adjournment. The tenant’s counsel sought to have herself, two solicitors, the tenant, and her carer on the telephone link. Adding the landlord’s representative plus her colleague meant there were seven people wanting…