Gawronski v NSW Land and Housing Corporation [2023] NSWCATCD 34

Gawronski v NSW Land and Housing Corporation [2023] NSWCATCD 34

The Tribunal could not make contempt orders in these proceedings. It was not satisfied that Anshun estoppel required determination because the application included a June 2022 odour issue that could not have been pursued earlier. The landlord had implemented the Cleanaway Waste Management Plan, including arrangements for bulky waste and removal of general waste three times per week, and dumping of rubbish or bulky items by residents or unknown persons was not a breach by the landlord of s 63. However, after the tenant reported a foul odour on 16 June 2022, the landlord failed to inspect at or near that time; the worsening odour from the deceased neighbour's premises permeated the tenant's...

Jurisdiction
Australia
Judgment Date
09 May 2023
Procedural Posture
Residential Tenancy Application for Rent Reduction, Compensation/repair Related Orders and Contempt Related Relief / Principal Judgment; Final Orders
Outcome
The tenant obtained a limited rent reduction for the odour issue; the application was otherwise dismissed.
Legal Topics
['rent Reduction' 'landlord Repair Obligations' 'waste Management' 'withdrawal of Goods, Services or Facilities' 'res Judicata' 'anshun Estoppel' 'contempt']
['residential Tenancy Law' 'civil and Administrative Tribunal Procedure'] ['rent Reduction' 'landlord Repair Obligations' 'waste Management' 'withdrawal of Goods, Services or Facilities' 'res Judicata' 'anshun Estoppel' 'contempt']

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Procedural Posture

Residential Tenancy Application for Rent Reduction, Compensation/repair Related Orders and Contempt Related Relief / Principal Judgment; Final Orders

Legal Issues

  1. 1 ['Whether the Tribunal could make contempt orders in these proceedings for alleged non-compliance with previous NCAT orders.' 'Whether the landlord breached s 63 of the Residential Tenancies Act 2010 by failing to maintain the premises in a reasonable state of repair or failing to implement the Cleanaway Waste Management Plan.' 'Whether the tenant was estopped from raising waste management issues because of earlier proceedings.' 'Whether the tenant was entitled to a rent reduction under s 44(1)(b) of the Residential Tenancies Act 2010 because of waste management issues.' "Whether the tenant was entitled to a rent reduction under s 44(1)(b) of the Residential Tenancies Act 2010 because of odours from a deceased neighbour's premises."]

Ratio Decidendi

The Tribunal could not make contempt orders in these proceedings. It was not satisfied that Anshun estoppel required determination because the application included a June 2022 odour issue that could not have been pursued earlier. The landlord had implemented the Cleanaway Waste Management Plan, including arrangements for bulky waste and removal of general waste three times per week, and dumping of rubbish or bulky items by residents or unknown persons was not a breach by the landlord of s 63. However, after the tenant reported a foul odour on 16 June 2022, the landlord failed to inspect at or near that time; the worsening odour from the deceased neighbour's premises permeated the tenant's...

Court Disposition

The tenant obtained a limited rent reduction for the odour issue; the application was otherwise dismissed.

Orders

  • ["The tenant's rent is not to exceed $30 per week from 16 June 2022 to 06 July 2022 in accordance with s 44(1)(b) of the Residential Tenancies Act 2010." 'The application is otherwise dismissed.']