Southern Cross Community Housing Ltd v Geoffrey Macklan & Beryl Macklan [2014] NSWCATCD 125

Southern Cross Community Housing Ltd v Geoffrey Macklan & Beryl Macklan [2014] NSWCATCD 125

Regulation 22 applied to the landlord's application under s 190 for orders arising from breach of the residential tenancy agreement by non-payment of water usage charges. Section 140 did not displace that time limit, and there was no inconsistency between s 139 and s 190. The landlord had not commenced proceedings for the older water usage charges within three months and did not provide an adequate explanation for delay, so the Tribunal declined to extend time. The most recent unpaid water usage account was within time, and the tenants were liable for $78.60.

Jurisdiction
Australia
Judgment Date
17 July 2014
Procedural Posture
Residential Tenancy Application for Compensation/payment of Water Usage Charges and Arrears / Reasons for Decision After Hearings on 3 February 2014 and 28 April 2014
Outcome
Application allowed only for the most recent unpaid water usage charge; older water usage charge claims not allowed because they were out of time and extension of time was refused.
Legal Topics
['water Usage Charges' 'breach of Residential Tenancy Agreement' 'limitation Period' 'extension of Time' 'compensation Orders']
['residential Tenancies' 'social Housing' 'civil and Administrative Tribunal Procedure'] ['water Usage Charges' 'breach of Residential Tenancy Agreement' 'limitation Period' 'extension of Time' 'compensation Orders']

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Procedural Posture

Residential Tenancy Application for Compensation/payment of Water Usage Charges and Arrears / Reasons for Decision After Hearings on 3 February 2014 and 28 April 2014

Legal Issues

  1. 1 ['Whether the time limits in regulation 22 of the Residential Tenancies Regulation 2010 prevented the landlord from claiming water consumption charges for older billing periods.' 'Whether section 140 of the Residential Tenancies Act 2010 displaced the regulation 22 time limit for applications concerning unpaid water usage charges in social housing tenancies.' 'Whether the Tribunal should extend time under s 41 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the tenants were liable for the most recent unpaid water usage account within time.']

Ratio Decidendi

Regulation 22 applied to the landlord's application under s 190 for orders arising from breach of the residential tenancy agreement by non-payment of water usage charges. Section 140 did not displace that time limit, and there was no inconsistency between s 139 and s 190. The landlord had not commenced proceedings for the older water usage charges within three months and did not provide an adequate explanation for delay, so the Tribunal declined to extend time. The most recent unpaid water usage account was within time, and the tenants were liable for $78.60.

Court Disposition

Application allowed only for the most recent unpaid water usage charge; older water usage charge claims not allowed because they were out of time and extension of time was refused.

Orders

  • ['The tenants, Geoffrey Macklan and Beryl Macklan, are to pay the landlord, Southern Cross Community Housing Ltd, the sum of $78.60 by instalments of not less than five dollars per fortnight, the first payment 8 May 2014.']