Burns v St Clair (No 2)

The appeal before the Full Court was from the trial judgment of Mortimer J in the Supreme Court of South Australia. The appellant, Burns, was the former owner of a property located in the Adelaide Hills. The respondents, St Clair, were the former tenants. The dispute centred around the recovery of unpaid rent, the return of the property and the claim for damages for its deterioration. Mortimer J had ruled in favour of the respondents on all counts. The legal issues before the Full Court were whether the trial judge had erred in finding that the appellant had failed to prove the value of the property at the time of the respondents vacating it, and whether the trial judge was correct in awarding the respondents compensation for the deterioration of the property. The Full Court held that the trial judge had not erred in his assessment of the property's value. The Full Court found that the evidence presented by the appellant was not sufficient to establish the value of the property at the time of the respondents vacating it. The Full Court also found that the trial judge was correct in awarding the respondents compensation for the deterioration of the property, as the evidence presented was sufficient to establish that the property had deteriorated and that the respondents were not responsible for the deterioration. The Full Court dismissed the appeal and affirmed the trial judgment. The Full Court dismissed the respondents’ notice of motion filed on 19 June 2015.