Creed v Jolong Park Pty Ltd

Creed (the applicant) brought proceedings against Jolong Park Pty Ltd (the respondent) in the Victorian Civil and Administrative Tribunal (VCAT). The applicant alleged that the respondent had breached its obligations under the *Residential Tenancies Act 1997* (Vic) by failing to maintain the rented premises in good repair and by failing to comply with its duty to ensure the premises were safe and free from hazards. The applicant sought orders for compensation for loss and damage suffered as a result of these alleged breaches.

VCAT was required to determine whether the respondent had breached its statutory obligations to maintain the rented premises in good repair and to ensure they were safe and free from hazards. Specifically, the Tribunal had to consider the nature and extent of the alleged disrepair and hazards, and whether these issues were attributable to the respondent's actions or omissions. Furthermore, VCAT needed to assess whether the applicant had suffered any loss or damage as a direct consequence of any breaches by the respondent, and if so, to quantify that loss.

In reaching its decision, VCAT applied the principles of statutory interpretation to the relevant provisions of the *Residential Tenancies Act 1997* (Vic). The Tribunal considered the evidence presented by both parties regarding the condition of the premises and the alleged breaches. Judge Mercuri found that the respondent had failed to maintain the premises in good repair and had not ensured they were free from hazards, specifically noting issues with the plumbing and electrical systems. The Tribunal concluded that these failures constituted breaches of the respondent's statutory duties. The Tribunal ordered the respondent to pay compensation to the applicant for the loss and damage suffered, including costs associated with alternative accommodation and damage to personal property.