Hull v Gibbs [2017] NSWCATAP 32

Hull v Gibbs [2017] NSWCATAP 32

The appeal was allowed because the Tribunal's reasons did not adequately explain the award of $4800 compensation. The reasons did not make clear whether the award was for loss of amenity under s 44 of the Residential Tenancies Act 2010, compensation under s 187, or both; did not identify the relevant breach, timing, landlord knowledge and response if s 187 was relied on; did not explain how the period of inconvenience was found; did not show a logical link between Foote v Halhos and the assessed amount; and did not refer sufficiently to the appellants' evidence. This inadequacy of reasons was an error of law.

Jurisdiction
Australia
Judgment Date
16 February 2017
Procedural Posture
Residential Tenancy Internal Appeal / Appeal Panel Decision on Extension of Time and Appeal From Consumer and Commercial Division Compensation Order
Outcome
Time extended; appeal allowed; application remitted for re-determination.
Legal Topics
['breach of Residential Tenancy Agreement' 'landlord Repairs and Essential Services' 'compensation' 'adequacy of Reasons' 'extension of Time to Appeal' 'procedural Fairness']
['residential Tenancy Law' 'administrative Law'] ['breach of Residential Tenancy Agreement' 'landlord Repairs and Essential Services' 'compensation' 'adequacy of Reasons' 'extension of Time to Appeal' 'procedural Fairness']

Case Brief

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Procedural Posture

Residential Tenancy Internal Appeal / Appeal Panel Decision on Extension of Time and Appeal From Consumer and Commercial Division Compensation Order

Legal Issues

  1. 1 ['Whether time for filing the appeal should be extended to 7 June 2016.' 'Whether the Tribunal gave adequate reasons for ordering the appellants to pay $4800 compensation to the respondent.' "Whether the Tribunal failed to consider or give appropriate weight to the appellants' evidence." 'Whether the Tribunal failed to afford procedural fairness by considering Foote v Halhos without notice to the appellants.']

Ratio Decidendi

The appeal was allowed because the Tribunal's reasons did not adequately explain the award of $4800 compensation. The reasons did not make clear whether the award was for loss of amenity under s 44 of the Residential Tenancies Act 2010, compensation under s 187, or both; did not identify the relevant breach, timing, landlord knowledge and response if s 187 was relied on; did not explain how the period of inconvenience was found; did not show a logical link between Foote v Halhos and the assessed amount; and did not refer sufficiently to the appellants' evidence. This inadequacy of reasons was an error of law.

Court Disposition

Time extended; appeal allowed; application remitted for re-determination.

Orders

  • ['Time for filing the appeal is extended to 7 June 2016.' 'Appeal allowed.' 'Application RT 16/12494 is remitted to the Consumer and Commercial Division, differently constituted, for re-determination on the evidence as filed.']