Bridge Housing Limited v Ichsanna Widhyastuti [2015] NSWCATCD 54

Bridge Housing Limited v Ichsanna Widhyastuti [2015] NSWCATCD 54

Time was extended and the 30 December 2014 orders were set aside because the original compensation calculation used a rent figure that the tenant never paid, whereas compensation for loss of use should be based on the rent actually paid under the rent rebate arrangement. The tenant proved compensable water ingress from December 2012 to December 2014 affecting about 20% of the premises, yielding $3,328, and was also entitled to compensation for storage and damaged mattresses, bringing the total to $5,828. The landlord was ordered to pay costs because its conduct had unnecessarily and unreasonably prolonged the proceedings. Contempt referral was not warranted because, although there were...

Jurisdiction
Australia
Judgment Date
22 April 2015
Procedural Posture
Application Under Regulation 9 of the Civil and Administrative Tribunal Regulation 2013 to Set Aside Orders Made in the Absence of a Party in Residential Tenancy Proceedings / Decision After Hearing on 27 March 2015, Including Whether to Extend Time Under S41 of the Civil and Administrative Tribunal Act 2013 NSW
Outcome
Orders 1, 2, 3 and 4 made on 30 December 2014 in proceedings SH 14/49929 were set aside; the landlord was ordered to pay $5,828 to the tenant and to pay the tenant's costs as agreed or assessed; contempt referral was not pursued.
Legal Topics
['set Aside Application' 'extension of Time' 'compensation for Water Ingress and Mould' 'rent Rebate and Calculation of Damages' 'costs in NCAT Proceedings' 'referral for Contempt']
['residential Tenancy' 'civil Procedure' 'costs' 'contempt'] ['set Aside Application' 'extension of Time' 'compensation for Water Ingress and Mould' 'rent Rebate and Calculation of Damages' 'costs in NCAT Proceedings' 'referral for Contempt']

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Procedural Posture

Application Under Regulation 9 of the Civil and Administrative Tribunal Regulation 2013 to Set Aside Orders Made in the Absence of a Party in Residential Tenancy Proceedings / Decision After Hearing on 27 March 2015, Including Whether to Extend Time Under S41 of the Civil and Administrative Tribunal Act 2013 NSW

Legal Issues

  1. 1 ['Whether time should be extended for the landlord to bring the set aside application' "Whether the landlord's absence resulted in its case not being adequately put to the Tribunal" 'Whether compensation should be calculated by reference to the market rent stated in the tenancy agreement or the rent actually paid by the tenant' "Whether the landlord should pay the tenant's costs" 'Whether the landlord should be referred to the President for consideration of contempt']

Ratio Decidendi

Time was extended and the 30 December 2014 orders were set aside because the original compensation calculation used a rent figure that the tenant never paid, whereas compensation for loss of use should be based on the rent actually paid under the rent rebate arrangement. The tenant proved compensable water ingress from December 2012 to December 2014 affecting about 20% of the premises, yielding $3,328, and was also entitled to compensation for storage and damaged mattresses, bringing the total to $5,828. The landlord was ordered to pay costs because its conduct had unnecessarily and unreasonably prolonged the proceedings. Contempt referral was not warranted because, although there were...

Court Disposition

Orders 1, 2, 3 and 4 made on 30 December 2014 in proceedings SH 14/49929 were set aside; the landlord was ordered to pay $5,828 to the tenant and to pay the tenant's costs as agreed or assessed; contempt referral was not pursued.

Orders

  • ['Orders 1, 2, 3, 4 made on 30 December 2014 in proceedings SH 14/49929 are set aside' 'The applicant is to pay the respondent the sum of $5828.00 within 7 days' "The applicant is to pay the respondent's costs incurred in proceedings SH 14/30566, SH 14/48047, SH 14/49929 and SH 15/05034 as agreed or if not agreed as...