Schmitzer v Donnellan

History

1. These proceedings relate to an application made by Mr Schmitzer who was a tenant pursuant to a residential tenancy of a property located in xxxxxx xxxxx, Armidale. The application was lodged online on 8 December 2015. The applicant sought an order pursuant to section 175 of the Residential Tenancies Act, 2010 (RT Act) for return of a rental bond.
2. The application named the respondent as L Hendriks. Inter alia, the application recorded the following information in the section marked "Reason for the Order". 5. My rental bond was paid to my landlord on 5 November 2015. 6. The notice of claim was sent to the tenancy address. The landlord did not provide my current address to Fair Trading. 7. My landlord communicated with me by email, and I also provided a copy of my new address. 8. I believe that I left the premises in the same state or better condition as at the start of the tenancy. 9. I agree that I owe the landlord 1 weeks rent, $320. 10. I agree that I owe the landlord a small amount of compensation for the following damage: a) damage to the paint in the back bedroom where about 15 cm of paint was peeled off, b) steam cleaning of the carpet as I did not have time to arrange this before I moved out.
3. The applicant subsequently provided to the Tribunal various documents in support of its application. Those documents included: 1. A request to amend the name of the respondent from L Hendricks to Suzanne Donnellan and L Hendricks. 2. A statutory declaration from the applicant dated 18 December 2015; and 3. A copy of the residential tenancy which was an expert to the statutory declaration.
4. The original application listed the address of the respondent L Hendricks as "PO Box XXX Armidale".
5. The application was first listed before the Tribunal on 20 January 2016, the Tribunal having issued a "Notice of Conciliation and Hearing, Both parties to attend by Telephone". The notice was dated 12 January 2016 and sent to L Hendricks at PO Box XXX Armidale NSW. The notice was also sent to "L.Hendricks & Suzanne Donnellan, XXXXX@XXXX.XXXX.XXX", this letter addressed being the email address of Ms Donnellan in her email to the Tribunal dated 6 January 2016.
6. In accordance with the notice of hearing, the matter was heard by the Tribunal on 20 January 2016. As provided in the notice of hearing, the parties attended by telephone. Ms Pankhurst from the New England and Western Tenants Advice and Advocacy Service Inc appeared for the applicant. The original respondent (L Hendricks) appeared by Ms Donnellan, who also appeared for herself.
7. During the course of the hearing, the Tribunal made various inquiries of the parties about relevant matters, including who was the landlord and what was the landlord's address for service. The Tribunal was also informed that there were related proceedings between some of the parties which had been commenced in the Local Court of New South Wales prior to the present application being lodged.
8. At the conclusion of the hearing, the following directions were made: 1. By Determination of Member, on 20 January 2016 the hearing was adjourned to a date to be fixed by the Registrar. 2. The applicant shall provide to the respondent and the Tribunal, either in person or by post, a copy of all documents (see note below), on which the applicant intends to rely at the hearing by 03-Feb-2016. 3. The respondent shall provide to the applicant and the Tribunal, either in person or by post, a copy of all documents (see note below), on which the respondent intends to rely at the hearing by 17-Feb-2106 IMPORTANT NOTE: For the purpose of these directions "document means: -Witness statements/statutory declarations or affidavits -Quotations -Any other document to be relied upon And all documents must be legible and in colour (if the original is in colour). 4. The documents provided by each party must be placed in a folder, each page must be numbered to provide easy identification by all concerned at the hearing. Folders provided to the Tribunal and to the other party(ies) must be identical and in the same order. The folder(s) should be marked with the name of the party and include: -an index -a chronology of significant events all documents required by these directions And all documents must be legible and in colour (if the original is in colour). 5. The applicant is to file and serve any evidence in reply by 24 Feb 2016. 6. A failure by a party to provide documents in accordance with the Tribunal orders may result in the party not being able to rely on the documents at the hearing, unless leave is granted to do so. 7. All evidence from a party's witness(es) in support of that party(ies) must be in the form of a statement, statutory declaration, affidavit or expert report as appropriate. 8. The Tribunal notes that proceedings appear to have been commenced by the respondent (Donnellan) in the Local Court against the applicant. The Tribunal does not have a copy of the statement of claim or defence (if any) but it may be that the proceedings need to be stayed or other orders made by reason of Schedule 4 clause 5 (7) of the Civil and Administrative Tribunal Act, 2013 which relates to the jurisdiction of the Tribunal where there are already proceedings on the same issue before a court. 9. On or before 3 February 2016 the respondent is to file a copy of any statement of claim and any defence filed in any court concerning any issue about a breach of the residential tenancy agreement, the subject of this dispute together with a statement of the position of those proceedings including whether any judgement has been entered. If judgement has been entered, a copy of any request for judgement and/or reasons for decision should also be provided. 10. L Hendricks is removed as a respondent. Reasons: The applicant does not wish to sue L Hendricks, who is shown as the landlord's agent on the residential tenancy agreement dated 28/1/14. 11. The respondent is directed to provide an address for service within 7 days. The address for service is to be notified to the Tribunal and the applicant. Reasons: The respondent has requested an order be made to protect personal information. She has made assertions concerning threats and other matters against the applicant. It is inappropriate to deal with such allegations in a telephone hearing, without proper evidence in circumstances where those allegations are denied. At the same time it is appropriate that each party provide to the Tribunal and the other party and address for service of documents. This address can be by email or other means however and address must be nominated. Any further application in connection with disclosure of documents will be dealt with at the next directions if appropriate. A separate written notice of the new hearing date will be sent to you in the near future.

Applicable principles

1. It is appropriate to first set out the principles applicable to the Tribunal making directions and managing proceedings which are brought before it.
2. The Tribunal, exercising its Division functions lists claims under the RT Act for conciliation and hearing. Where proceedings are contested, directions are usually made for the filing and service of evidence and other preparatory steps which need to be undertaken before a final hearing occurs.
3. The parties, or their representatives if appointed, appear and make submissions concerning the preparation of evidence and the conduct of the case. In exercising its powers to make directions, the Tribunal is to have regard to various principles which apply to Tribunal proceedings.
4. First, the Tribunal is obliged to apply the guiding principle set out in s 36 of the NCAT Act and the parties and their representatives are under a duty to co-operate with the Tribunal to give effect to the guiding principle.
5. It is appropriate to set out those parts of section of s 36 which are relevant to the directions that were made: 36 Guiding principle to be applied to practice and procedure (1) The guiding principle for this Act and the procedural rules, in their application to proceedings in the Tribunal, is to facilitate the just, quick and cheap resolution of the real issues in the proceedings. (2) The Tribunal must seek to give effect to the guiding principle when it: (a) exercises any power given to it by this Act or the procedural rules, or (b) interprets any provision of this Act or the procedural rules. (3) Each of the following persons is under a duty to co-operate with the Tribunal to give effect to the guiding principle and, for that purpose, to participate in the processes of the Tribunal and to comply with directions and orders of the Tribunal: (a) a party to proceedings in the Tribunal, (b) an Australian legal practitioner or other person who is representing a party in proceedings in the Tribunal. (4) In addition, the practice and procedure of the Tribunal should be implemented so as to facilitate the resolution of the issues between the parties in such a way that the cost to the parties and the Tribunal is proportionate to the importance and complexity of the subject-matter of the proceedings.
6. Secondly, s 38 of the NCAT Act sets out the following procedural provisions which are relevant to the directions that were made: 1. The Tribunal is to act with as little formality as the circumstances of the case permit and according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms: see s 38(4); 2. The Tribunal is to take such measures as are reasonably practicable: 1. to ensure that the parties to the proceedings before it understand the nature of the proceedings, and 2. if requested to do so to explain to the parties any aspect of the procedure of the Tribunal, or any decision or ruling made by the Tribunal, that relates to the proceedings, and 3. to ensure that the parties have a reasonable opportunity to be heard or otherwise have their submissions considered in the proceedings: see s 38(5)(a), (b) and (c); 1. The Tribunal: 1. is to ensure that all relevant material is disclosed to the Tribunal so as to enable it to determine all of the relevant facts in issue in any proceedings, and 2. may require evidence or argument to be presented orally or in writing: see section 38 (6)(a) and (b).

Conduct of the hearing and the reasons orders made

1. As if evident from the above history and directions made, the proceedings were commenced in December 2015 and have not been finally heard and determined.
2. The proceedings relate to a claim for a return of the bond which the applicant tenant paid pursuant to the residential tenancy agreement between the parties. The Tribunal has power to make orders in relation to the bond pursuant to section 175 of the RT Act. This section provides: 175 Powers of Tribunal (1) The Tribunal may, on application by a landlord or tenant or any other person (including a former co-tenant) who has an interest in the payment of a rental bond, make an order as to the payment of the amount of the rental bond. (2) The Tribunal may make an order whether or not the amount of a rental bond has been paid by the Director-General. (3) An application for an order must be made within the period prescribed by the regulations.
3. In effect, the bond is a form of security provided by a tenant under a residential tenancy agreement which the landlord is entitled to claim (in whole or in part) where the tenant breaches the residential tenancy agreement and the landlord suffers loss or damage. In this regard the landlord is entitled to make a claim for payment of the bond upon termination of the residential tenancy agreement. Otherwise, upon termination of the residential tenancy agreement the tenant is entitled to return of the bond. The bond is held by the Rental Bond Board and its lodgement and payment is regulated by the provisions of the RT Act.
4. In the present case, the bond has been paid to the landlord. However, this does not prevent a tenant from subsequently seeking an order in connection with the payment of the bond: see s175(2) of the RT Act.
5. Consequently, prima facie the applicant is entitled to maintain the present proceedings.
6. The following issues usually arise in contested proceedings concerning payment of the bond: 1. Is there a residential tenancy agreement? 2. Who is the landlord and who is the tenant pursuant to that agreement? 3. What if the amount of the bond? 4. Did the tenant breach the residential tenancy agreement? 5. If yes, what loss or damage has been suffered by the landlord? 6. Having regard to the answers to the above questions, who is entitled to payment of the bond?
7. There are also relevant jurisdictional matters to be considered including whether the amount claimed in relation to the bond exceeds the jurisdictional limit for the Tribunal to make an order as provided in clause 23 of the Residential Tenancies Regulation, 2010 (RT Regulation).
8. The Tribunal made directions for the filing and service of evidence in connection with resolving the dispute as to whether or not the respondent is required to repay the bond to the applicant.
9. It is convenient to deal with the directions made under the following headings: 1. Removal of L Hendricks as a party 2. Filing and service of evidence 3. Filing and service of documents concerning Local Court Proceedings; 4. Provision of address for service 5. Venue 6. Order for Confidentiality

Removal of L Hendricks as a party (Order 10)

1. During the course of the directions hearing a preliminary issue arose as to who were the proper parties. As stated above, the residential tenancy agreement recorded the agent of the landlord as "L Hendricks". In the copy of the residential tenancy agreement provided by the applicant, there was no name recorded for the landlord. Rather, the landlord's details were recorded as "per agent". Also, the applicant had sought to amend his application to include Suzanne Donnellan as the second respondent, both L Hendricks and Suzanne Donnellan being listed as respondents when the matter was heard on 20 January 2016.
2. At the commencement of the hearing, the Tribunal asked the applicant whether or not he wished to continue his claim against L Hendricks or whether that respondent should be removed as a party. This was because it appeared L Hendricks was only agent of the landlord. In this regard the Tribunal enquired of the applicant's agent whether it was common ground that Ms Donnellan was in fact the landlord to which the applicant's agent responded "yes".
3. Following an interjection from the respondent, Ms Donnellan, it appeared to the Tribunal that there may be some dispute concerning this issue. The following exchange then took place between the Tribunal and Ms Donnellan: Member: … Ms Donnellan, can I just start again? First of all do you agree that you are the landlord in relation to this dispute ma'am? Donnellan: With respect, in accordance with law, it is up to the applicant to prove who they are suing and that they have grounds to sue. It is not up to me to assist in that matter. So I don't…(not transcribable). Member: Ma'am we need to get on with the hearing. Are you the person who receives the rent and do you have a legal relationship with these people at all? Do you say you do or not? Donnellan: That's a roundabout indirect way for you to come to the conclusion for the question you wish me to answer. With respect it is up to the applicant to establish the person they are suing is the correct person. I therefore rely on…(not transcribable) to enforce that obligation against the applicants.
4. While the Tribunal asked further questions of Ms Donnellan about this matter, it did not appear to the Tribunal that Ms Donnellan was prepared to inform the Tribunal whether or not she was in fact the landlord. However, the applicant made clear that he no longer wished to sue L Hendriks. Consequently, the Tribunal formed the opinion that because the applicant no longer wished to make a claim against L Hendriks, L Hendriks should be removed as a respondent.
5. Further, the Tribunal also formed the view that the issue of whether Ms Donnellan was the landlord should be resolved at any subsequent hearing once relevant evidence at been provided. A resolution of this issue did not require L Hendriks to remain a party.
6. It followed that Ms Donnellan was the only necessary and proper respondent. Therefore, it was appropriate to make an order under s44(2) of the NCAT Act to remove L Hendriks.
7. Order 10 was made and short written reasons recorded in the directions.

Filing and service of evidence (Orders 2-7)

1. The usual issues arising in connection with a dispute over who is entitled to payment of the bond are recorded above. The Tribunal was satisfied that some or all of these issues may arise in the present proceedings.
2. The directions made will provide each of the parties with an opportunity to provide to the Tribunal and to each other the evidence upon which they intended to rely in relation to the issues in dispute.
3. The evidence provided from witnesses is to be in the form of a written statement, statutory declaration or affidavit. This will allow each of the parties to understand the case they have to meet and reduce the hearing time because evidence in chief will be in writing. This will facilitate the just, quick and cheap resolution of the real issues in dispute and allow the parties a reasonable opportunity to be heard as required by s 36 and 38 of the NCAT Act.
4. The respondent made a submission that the form of the evidence should be by way of statutory declaration or affidavit.
5. Despite this submission, the Tribunal formed the opinion that a written statement would be sufficient if that was the form which a party wished to adopt. This was because it was likely that each of the witnesses would be: 1. sworn or affirmed and required to adopt any written statement on oath or affirmation at the final hearing; and 2. otherwise required to attend for cross-examination.
6. Further, to the extent there was no contest about any particular evidence and no request for cross examination of a particular witness, these statements (if any) could be tendered by consent.
7. For these reasons orders 2-7 were made.

Filing and service of documents concerning Local Court Proceedings (Orders 8-9)

1. During the course of the hearing the Tribunal was informed that there were Local Court proceedings which had been commenced between the parties which appear to relate to a claim by the respondent that the applicant had breached the residential tenancy agreement and the respondent was therefore entitled to claim damages. A copy of the statement of claim had not been provided to the Tribunal by either party. The applicant was unable to provide adequate details about this claim although it appeared the applicant may have instructed lawyers to act on his behalf.
2. It was also unclear whether or not the proceedings in the Local Court had been listed for call over and what was the present status.
3. There was considerable discussion about the proceedings. In these discussions the Tribunal drew to the attention of the parties the provision of clause 5 (7) of Schedule 4 of the Civil and Administrative Tribunal Act, 2013 (NCAT Act) which provides: (7) Effect of pending court proceedings on Tribunal If, at the time when an application is made to the Tribunal for the exercise of a Division function, an issue arising under the application was the subject of a dispute in proceedings pending before a court, the Tribunal, on becoming aware of those proceedings, ceases to have jurisdiction to hear or determine the issue.
4. The Tribunal also drew to the attention of the parties the decision of the Supreme Court of New South Wales in Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2015] NSWSC 289 and the decision of the Appeal Panel in Gennacker Pty Ltd v Bennett [2016] NSWCATAP 10 which deal with the meaning and operation of clause 5 of Schedule 4 of the NCAT Act. In short, the Tribunal sought to explain that these sections may operate to prevent the Tribunal from determining a particular issue which is the subject of proceedings in a court if those proceedings were commenced prior to the lodgment of the application and that the Tribunal may cease to have jurisdiction in respect of a particular issue upon becoming aware of those proceedings.
5. A resolution of the jurisdictional issue requires a consideration of the proceedings which had been commenced in the Local Court, the issues which had been raised in those proceedings and the issues raised in the present proceedings. It also requires a consideration of what orders should be made in respect of the present application pending determination of the Local Court proceedings if there are common issues. In this regard, as set out above, it appears from the application that there may be common issues about whether the applicant breached the residential tenancy agreement.
6. The Tribunal was satisfied that the jurisdictional issues could only be resolved following the parties having an opportunity to file and serve relevant evidence, consider the relevant legal issues and make appropriate submissions at a hearing. Such an approach is consistent with the approach taken by White J in Steak Plains Olive Farms.
7. Further, the Tribunal was satisfied that the respondent, who is apparently the plaintiff in the Local Court proceedings, should in first instance be required to provide a copy of the pleadings and a statement setting out the present position of those proceedings.
8. For these reasons orders 8 and 9 were made.

Provision of address for service

1. During the course of the hearing an issue arose concerning the respondent providing an address for service. The applicant's representative raised with the Tribunal that correspondence from the respondent indicated an email address previously used by the respondent would be disabled. Consequently, there was a need for the Tribunal to ensure that the respondent provided an address for service.
2. This is because documents provided to the Tribunal and to another party must be served in accordance with Rule 13 of the Civil and Administrative Tribunal Rules, 2014 (Rules). This rule provides as follows: 13 Service, giving and lodgment of notices or documents (1) Application of rule This rule applies for the purposes of each of the following: (a) the Act and the statutory rules under the Act, …. (2) Means for service or giving of notices and documents A notice or document may be served on or given to a person or body: (a) by means of personal service, or (b) by posting a copy of the notice or document, addressed to the person or body: (i) to the person's or body's address for service, or (ii) if the person or body does not have an address for service, to the person's or body's business or residential address (or the business or residential address last known to the person or body serving the notice or document), or (c) by leaving a copy of the notice or document, addressed to the person or body: (i) at the person's or body's address for service, or (ii) if the person does not have an address for service, at the person's or body's business or residential address (or the business or residential address last known to the person or body serving the notice or document), or …. (f) in the case of a person or body that has consented to service by means of a fax sent to a fax number specified by the person or body - by faxing a copy of the notice or document, addressed to the person or body, to that fax number, or (g) in the case of a person or body that has consented to electronic service by means of an email address or mobile phone number specified by the person or body - by transmitting the notice or document in an electronic format, addressed to the person or body, to that address or number, or … (i) in such other manner as the Tribunal or a registrar may direct in a particular case. (3) Service, giving and lodgment of documents with Tribunal A notice or document may be served on, given to or lodged with the Tribunal: (a) by leaving it at the Registry, or (b) by sending it by post to the Registry, or (c) by such electronic means as the Tribunal has made available for use for the service, giving or lodgment of notices or documents with the Tribunal.
3. Also, Rule 16 of the Rules provides: 16 Address for service (1) An originating document or reply lodged with the Tribunal must contain an address for service in respect of the person or body lodging the document. (2) A person's or body's address for service is to be the address of a place in New South Wales (other than a DX address): (a) at which documents in the proceedings may be left for the person or body during ordinary business hours, and (b) to which documents in the proceedings may be posted for the person or body. (3) A person or body may include a DX address in New South Wales (along with an address of a place in New South Wales) as part of the person's or body's address for service. (4) A person or body may also consent to the electronic service of notices and documents in proceedings by means of an email address, fax number or mobile phone number specified by the person or body.
4. The following exchange occurred between the Tribunal and Ms Donnellan about the issue of the respondent's address for service: Member: What address do you wish to use for service of the documents? Donnellan: … (Not transcribable)… So I'm not worried about it. Member: no, that's not what I said. That's not what I said ma'am, but we've got an issue that we need to get documents to you in relation to the hearing. So what address should… Donnellan: Can I please… (Not transcribable) … I'm not going to supply any address and then I don't … (not transcribable)… And the email … (Not transcribable)… there's no address… (not transcribable) … address or email address to serve me with. The best I could offer is to supply the Tribunal with a some sort of email address eventually. It wouldn't be, the applicant could put forward their information to the Tribunal and the Tribunal can forward that to me, but on the condition that the email address not been provided to the applicant. So that's the only … (not transcribable)… Member: We're not a mail service Ms Donnellan.
5. There were further discussions about this topic however no address for service was provided by the respondent.
6. The Tribunal formed the view that it was appropriate to make an order that an address for service be provided. In doing so the Tribunal had regard to: 1. Rule 13 that prescribes how each of the parties is to serve documents on the other. 2. Rule 16 that requires a party providing a reply to also provide an address for service. 3. Section 36 of the NCAT Act that imposes on the respondent "a duty to co-operate with the Tribunal to give effect to the guiding principle and participate in the processes of the Tribunal and to comply with the directions and orders of the Tribunal". 4. The fact that without an order it was apparent that there would likely be disputes about whether documents had been properly served and/ or received. 5. The respondent had, as recorded in the transcript extract above, refused to nominate an address for service when asked by the Tribunal to do so.
7. While issues of privacy were raised by the respondent, the Tribunal was satisfied that it was appropriate to direct that an address for service be provided and that the provision of such an address (which could be an email or post office box address) was necessary to facilitate the proper conduct of the proceedings.
8. Accordingly, the Tribunal determined it was appropriate to make an order 11 in the directions. Brief reasons were recorded in the Orders.

Venue

1. The respondent raised an issue concerning the venue for any hearing. She asserted that there was a clause in the residential tenancy agreement that required any hearing to take place at Tweed Heads in Northern New South Wales.
2. The respondent asserted that this contractual obligation bound the Tribunal to move the venue of the hearing from Armidale, where the residential premises were located and where the landlord had provided the original address for service in the residential tenancy agreement, to Tweed Heads.
3. At the directions hearing it was unnecessary to resolve where the location of any final hearing should be. Prima facie, a contractual provision cannot bind the Tribunal to fix a matter for hearing at a particular venue. However, it was unnecessary to resolve this issue at the time of the directions hearing which occurred by telephone. On the other hand, the issues to be resolved, the witnesses to be called and the location of witnesses may be a relevant matter as to where the final hearing should take place.
4. Consequently, the Tribunal determined that no order should be made in relation to the venue until the evidence had been filed. This view was reinforced by the fact that it remains necessary to determine whether the proceedings should be stayed or otherwise dealt with by reason of the Local Court proceedings to which reference has been made above.
5. Finally, in relation to future directions hearings, no general order was made for these to occur by telephone. It is apparent from the very lengthy directions hearings that some issues in dispute are complex and may require a formal hearing at which the parties appear before the Tribunal. In part, this is because there appears to be factual differences between the parties which may require cross examination of witnesses.
6. Accordingly, no orders were made in connection with the venue for the final hearing nor the form of or venue for future directions hearings.

Order for Confidentiality

1. The Tribunal has various powers including under section 64 of the NCAT Act to restrict disclosure of information concerning proceedings.
2. The making of such an order should, absent urgent circumstances, be dealt with on formal application with appropriate evidence setting out the information sought to be protected, the reason for seeking such an order and any appropriate factual evidence to support such an application.
3. The respondent apparently contends there had been threats of violence to her and, in the circumstances, she did not wish to disclose personal information which might place her at risk. However, no formal application had been made and certainly no evidence provided. It was clear to the Tribunal that the assertions made by the respondent were denied by the applicant.
4. The Tribunal formed the view that it would be inappropriate to deal with such an application in an informal manner and without proper evidence. Accordingly, no orders were made on 20 January 2016.
5. The respondent is able to make any formal application which she considers appropriate which should be supported by relevant evidence and submissions.

Other matters

1. A final matter to deal with is the provision of these reasons to the parties, in particular to the respondent, Ms Donnellan.
2. As set out above, respondent purports in her email request for reasons dated 17 February 2016 to direct the Tribunal as to the manner in which the Tribunal should provide these reasons to her. In this regard she says in relation to the email address by which the application for reasons was made that: This email address is temporary only and will be deleted immediately after this email is sent. It is therefore not monitored and no reply or return emails can be sent and none will be received.
3. Since the directions were made on 20 January 2016, it appears no address for service has been notified by the respondent. However, by facsimile dated 24 February 2015, the respondent has now provided a copy of a statement of claim filed in Local Court proceedings number 2015/360334 in which the respondent records an address for service at Tweed Heads. As indicated above, it will be necessary in due course for the Tribunal to consider the effect of these proceedings having regard to clause 5 (7) of Schedule 4 of the NCAT Act and the issues the Tribunal has identified above.
4. However, for present purposes it is sufficient to note that there is an address for service notified in the statement of claim.
5. It is necessary for the Tribunal to provide these reasons to the parties as required by the NCAT Act. Consequently, as the email address by which the applications for reasons has apparently been disabled it is appropriate that a direction be made in relation to the provision of these reasons to the respondent.
6. According the Tribunal will make an order directing that a copy of these reasons be provided to the respondent at the address notified in the Local Court Statement of Claim and at the address notified in the residential tenancy agreement, being PO Box XXX Armidale, which is also the address notified on the applicant's application.

Orders

1. The Tribunal makes the following order: 1. The Tribunal directs that a copy of these reasons is to be provided to the respondent, Suzanne Donnellan, at the post office box at Tweed Heads recorded in the Statement of Claim attached to the respondent's correspondence dated 24 February 2016 and at the post office box address in Armidale recorded in the applicant's original application. M Harrowell Principal Member Civil and Administrative Tribunal of NSW 16 March 2016

I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar

Amendments 18 May 2016 - Personal details removed DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 18 May 2016