NSW Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Keith Bannister v David and Mariam Cheung [2014] NSWCATCD 105 Hearing dates: 12 May 2014 Decision date: 19 June 2014 Before: G.J Sarginson, General Member Decision: 1.Rental Bond Services is directed to pay the landlord David and Mariam Cheung the sum of $1,440.00 from Rental Bond Number O999884-8. The remainder of the bond is to be paid to the tenant Keith Bannister.
Legislation Cited: Residential Tenancies Act 2010
Residential Tenancies Regulation 2010Cases Cited: Summers v Salford Corporation [1943] AC 283
Gray v Queensland Housing Commission [2004] QSC 276
Hampel v South Australian Housing Trust [2007] SADC 64
McLeish v FT Eastment & Sons Pty Limited [1970] 2 NSWR 282, 91WN (NSW) 268
Proudfoot v Hart (1890) 25 QBD 42
De Solei v Palmhide Pty Limited [2010] NSWCTTT 464
Northern Sandblasting Pty Limited v Harris (1997) 188 CLR 313
Jones v Bartlett (2000) 205 CLR 166
Sakaua v Williams [2005] NSWCA 405
Roberts v Bell [2001] NSWRT 6
Finn v Finarto [2004] NSWCTTT 179
Bartley and Zawiolkowski v Harris Park
Holdings Pty Limited [2010] NSWCTTT 592British Westinghouse Electric and
BM & JA Holdings Pty Limited v Clarence Street Developments Pty Limited [2012] NSWSC 1236
Manufacturing Company Limited v Underground Electric Railways Company of London Limited [1912] AC 673Texts Cited: Anforth, Christensen and Taylor, Residential Tenancies Law and Practice NSW 5th edition (2011) Category: Principal judgment Parties: Keith Bannister (applicant)
David and Mariam Cheung (respondent)Representation: Keith Bannister and Michelle Bannister (applicants/cross respondent)
Tanja Cosic and Frank Carmarda, Property Managers (respondents/cross applicant)
File Number(s): RT 14/10239 RT 14/16140
reasons for decision
BACKGROUND
The proceedings involve a claim for compensation by Mr Bannister ('the tenant') against Mr and Ms Cheung ('the landlord') in respect of alleged breach by the landlord of its obligations under Sections 52 and 63 of the Residential Tenancies Act 2010 ('the RTA'). The landlord brought a cross application against the tenant for payment of the bond under Section 175 of the Act, as a result of the tenant's alleged unlawful early termination of the lease.
The tenant's proceedings were filed on 21 February 2014. The landlord's proceedings were filed on 24 March 2014. The Tribunal made interlocutory orders that each party file and serve evidence; and that both sets of proceedings be heard together. The hearing took place at the Tribunal in Sydney on 12 May 2014. The tenant and his wife appeared. Ms Cosic and Mr Carmarda, property managers, appeared as agent of the landlord. The tenant called an expert witness, Ms Penny Tralau, of 'Mould Rescue'. The respective witnesses gave sworn evidence and were cross examined.
There is no dispute that the parties entered into a written residential tenancy agreement for a fixed term of 6 months on 2 January 2014 for the tenant to rent a townhouse at Marsfield NSW. The premises had been inspected by Ms Bannister on 21 December 2013. The tenant and his family moved out of the…
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- AGLC
- Bannister v Cheung [2014] NSWCATCD 105
- Case
- [2014] NSWCATCD 105
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the landlords were entitled to claim any portion of the rental bond, and if so, what amount was justified. This involved examining the condition of the property upon the tenant's departure, the terms of the rental agreement, and any evidence presented by both parties regarding the condition of the property. The court also needed to determine the responsibility of the tenant for any damage and whether the claim was reasonable and proportionate.
The court found that while there was some wear and tear on the property, it did not amount to damage warranting a deduction from the bond. The landlords did not provide sufficient evidence to substantiate their claim for damage. Consequently, the court ruled that the rental bond should be returned in full to the tenant. The court directed Rental Bond Services to pay the landlords the sum of $1,440.00 from the rental bond, while the remaining balance was to be paid to the tenant.
Orders
Orders of the court
1.Rental Bond Services is directed to pay the landlord David and Mariam Cheung the sum of $1,440.00 from Rental Bond Number O999884-8. The remainder of the bond is to be paid to the tenant Keith Bannister.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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