Corbett v City West Housing [2024] NSWCATAP 133

Corbett v City West Housing [2024] NSWCATAP 133

The Tribunal's conduct was not procedurally unfair; the replacement of appliances and installation of the electrical metering system did not constitute prohibited interference with the Appellant's quiet enjoyment of the premises or supply of utilities under the Residential Tenancies Act 2010 (NSW). No grounds for appeal or leave to appeal were made out.

Parties
Appellant: Jodi Corbett; Respondent: City West Housing
Jurisdiction
Australia
Judgment Date
11 July 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Quiet Enjoyment, Supply of Utilities, Procedural Fairness, Leave to Appeal
Leases and Tenancies Quiet Enjoyment Supply of Utilities Procedural Fairness Leave to Appeal

Case Brief

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Parties

Jodi Corbett

Appellant

City West Housing

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal's hearing was procedurally unfair to the Appellant
  2. 2 Whether the replacement of gas appliances with electrical ones was a prohibited interference with the Appellant's quiet enjoyment under section 50(2) of the Residential Tenancies Act 2010 (NSW)
  3. 3 Whether the installation of the electrical metering system was a prohibited interference with quiet enjoyment under section 50(2)

Ratio Decidendi

The Tribunal's conduct was not procedurally unfair; the replacement of appliances and installation of the electrical metering system did not constitute prohibited interference with the Appellant's quiet enjoyment of the premises or supply of utilities under the Residential Tenancies Act 2010 (NSW). No grounds for appeal or leave to appeal were made out.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed
  • The decision under appeal is confirmed