Brown v Couch; Couch v Brown

[2021] NSWCATCD 70

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Brown v Couch; Couch v Brown [2021] NSWCATCD 70

Hearing dates:

11 May 2021

Date of orders:

08 June 2021

Decision date:

07 June 2021

Jurisdiction:

Consumer and Commercial Division

Before:

P Hunter, General Member

Decision:

1 The tenant Ms Jennifer Brown is to pay to the landlord Susan Couch the sum of $6,321.20 on or before 28 June 2021.

2 The rental bond board is to pay to the landlord, Susan Couch, the whole of the rental bond B050987-2 in the sum of $1680.00, plus interest, any amount received is to be credited toward the money order at item (1).

3 The remainder of the claim for compensation by the landlord is dismissed.

Catchwords:

LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Compensation — Bond

Legislation Cited:

Residential Tenancies Act 2010 (NSW)
Residential Tenancies Regulation 2019 (NSW)

Civil Liability Act 2011 (NSW)

Cases Cited:

Elhassen v Ayoub [2018] NSWCATAP 34

Alamdo Holdings Pty Limited v Australian Window Furnishings (NSW) Pty Ltd [2006] NSWCA 22

Insight Vacations Pty Ltd v Young (2010) NSWCA 137

Flight Centre v Janice Low [2011] NSWSC 132

Texts Cited:

Nil

Category:

Principal judgment

Parties:

Proceedings RT 20/46484:
Jennifer Brown (Applicant)
Susan Couch (Respondent)

Proceedings RT 21/02338:
Susan Couch (Applicant)
Jennifer Brown (Respondent)

Representation:

Solicitors:
Legal Aid (Applicant - J Brown)

File Number(s):

RT 20/46484 & RT 21/02338

Publication restriction:

Nil

REASONS FOR DECISION

1. In application RT 20/46484 filed 5 November 2020, the tenant, Ms Jennifer Brown, sought an order for the payment of the rental bond. This matter first came before the Tribunal on 7 January 2021. At that time conciliation was attempted between the parties unsuccessfully, and the matter was adjourned for a formal hearing with directions that the landlord, Ms Susan Couch, file any cross application, and the parties file documents in which they wish to rely on the Tribunal and the other party.

2. In application RT 21/02338 filed 18 January 2021, Ms Couch sought an order for the payment of compensation and the payment of the rental bond from the Ms Brown.

3. Both matters were listed for hearing before the Tribunal on 5 March 2021. The matters did not proceed on that date as the Tribunal did not have access to documents of the parties, and they were subsequently adjourned for a further hearing. The parties were directed to file further documents and Ms Couch was ordered to particularise the amounts she claimed. Finally the parties were further directed that leave for legal representation would be determined at the substantive hearing.

4. In her updated documents received, 24 March 2021 Ms Couch sought payment of payment of an amount in excess of $15,000 she agreed at the hearing to accept the jurisdictional limit of the Tribunal.

5. In accordance with the application of 5 March 2021, Ms Brown was granted leave to be represented and Mr Bauer from Legal Aid NSW appeared. The Tribunal intended to granted leave as requested given the…