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Leases and tenancies

Jacmon v NSW Land and Housing Corporation

The Appeal Panel allowed the appeal, finding errors in the Tribunal’s handling of habitability, repairs and alternative accommodation costs, and remitted limited claims.

  • Social housing tenancy
  • Quiet enjoyment
  • Habitability of premises
  • Repairs and maintenance
  • Alternative accommodation costs
  • Mitigation of loss
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Leases and tenancies

Kennedy v Caldareri

The Appeal Panel refused leave to appeal and dismissed an internal appeal about residential tenancy repairs, compensation, rent reduction, and fresh evidence.

  • Residential tenancies act 2010 (nsw)
  • State of repair
  • Loss of amenity
  • Compensation
  • Rent reduction
  • Leave to appeal
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Residential tenancies

Song v Dickson

The Appeal Panel extended time by one day and allowed the appeal in part, remitting rent reduction and compensation issues for reconsideration.

  • Rent reduction
  • Compensation
  • Extension of time
  • Continuing breach
  • Repair obligations
  • Appeal on question of law
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Residential tenancies

Yu v Hawat

Yu v Hawat [2025] NSWCATAP 20

The Appeal Panel extended time, refused leave to appeal, and dismissed landlords’ appeal over a rent reduction for leaks and a blocked-sink claim.

  • Rent reduction
  • Liability for repairs
  • Procedural fairness
  • Residential-tenancies
  • Rent-reduction
  • Procedural-fairness
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Tenancy law

Brown v Shubbian

Brown v Shubbian [2024] NSWCATAP 241

The Appeal Panel held mitigation principles can apply to a rent reduction claim under s 44(1)(b), but the tenant should not have been penalised for delay before 4 February 2024.

  • Rent reduction
  • Excessive rent
  • Mitigation of loss
  • Procedural fairness
  • Bias
  • Rent-reduction
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Residential tenancies

Johnston v NSW Land and Housing Corporation

Johnston v NSW Land and Housing Corporation [2024] NSWCATAP 227

The Appeal Panel allowed an appeal, holding the Tribunal erred on compensation and on requiring repairs notice in a prescribed form, and remitted the matter.

  • Compensation for breach
  • Rent reduction
  • Repair obligations
  • Quiet enjoyment
  • Notice requirements
  • Residential-tenancies
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Landlord and tenant

Hendy v Parsons

Hendy v Parsons [2024] NSWCATCD 25

The Tribunal ordered the landlord to pay compensation, replace bedroom blinds, and reduce rent after finding delays in repairs to a dishwasher and air-conditioning, and unrepaired blinds.

  • Repairs to premises
  • Landlord's duty
  • Rent reduction
  • Compensation
  • Residential-tenancy-repairs
  • Landlord-duty-to-repair
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Leases and tenancies

Halil v NSW Land and Housing Corporation

Halil v NSW Land and Housing Corporation [2022] NSWCATCD 220

The Tribunal refused to set aside termination orders for rent arrears, but reinstated the tenant’s separate rent reduction and compensation proceedings.

  • Termination for non-payment of rent
  • Set aside application
  • Extension of time
  • Reinstatement of proceedings
  • Rent reduction
  • State of repair
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Tenancy

Van Wyk v Mosely

Van Wyk v Mosely [2022] NSWCATAP 239

The Appeal Panel refused leave to appeal and dismissed a tenant’s challenge to a tenancy decision, finding no miscarriage of justice, fresh evidence, or evidentiary basis to interfere.

  • Appeal—leave to appeal
  • Compensation for damage to goods
  • Rent reduction
  • Retaliatory termination notice
  • Fresh evidence
  • Appeal-leave-to-appeal
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Residential tenancy

Colman v Dang

Colman v Dang [2022] NSWCATAP 126

Appeal Panel dismissed a residential tenancy appeal, refused leave to appeal, rejected fresh evidence, and upheld compensation and occupation fee calculations.

  • Appeals
  • Rent reduction
  • Compensation for repairs
  • Admission of fresh evidence
  • Residential-tenancy
  • Fresh-evidence
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.