Fanti v Hargraves - [2024] NSWCATCD 15

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: Fanti v Hargraves [2024] NSWCATCD 15
Hearing dates: 06 December 2023
Date of orders: 15 January 2024
Decision date: 15 January 2024
Jurisdiction: Consumer and Commercial Division
Before: P Gardner, General Member
Decision:
1. Within 28 days of these orders, the respondent is to pay the applicant $5002 for end of tenancy charges as set out at [151] – [152].
2. The application is otherwise dismissed.

Catchwords:
LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) – obligations of tenant and landlord – obligation to pay rent – obligation to pay utilities – proceedings in relation to rental bond and other claims by landlord after end of tenancy

Legislation Cited:
Civil and Administrative Tribunal Act 2013 (NSW)
Residential Tenancies Act 2010 (NSW)
Residential Tenancies Regulation 2019 (NSW)

Cases Cited:
Alexander v Cambridge Credit Pty Ltd (1987) 9 NSWLR 310
BM & JA Holdings Pty Limited v Clarence Street Developments Pty Limited [2012] NSWSC 1236
Fitzgerald v Penn (1954) 91 CLR 268
Fitzpatrick v Wu unreported, NSWRT, 2001, 01/16425
Hadley v Baxendale [1854] 9 Ex 341
Hall v Hawkins [2015] NSWCATAP 197
Ho v Powell (2000) 51 NSWLR 572
Oran Park Motor Sport P/L v Fleissig [2002] NSWCA 371
Panico v Crompton & Jennings [2015] NSWCATAP 110
Placer (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd [2003] HCA 10
Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9
Sacher Investments Pty Ltd v Forma Stereo Consultants Pty Ltd (1976) 1 NSWLR 5
Westpac General Insurance v Cooper [2006] ACTSC 91

Texts Cited:
Anforth, Christensen, Adkins Residential Tenancies Law and Practice (2022) 8th edition

Category: Principal judgment
Parties: Renata Cataldo de Oliveira Fanti (Applicant)
Therese Hargraves (Respondent)
Representation: Ms Fanti, in person (Applicant)
Ms Hargraves, in person (Respondent)

File Number(s): 2023/00375196 (Previously RT 23/42899)
Publication restriction: None

REASONS FOR DECISION

Background and Procedural History

Commencing on 25-Apr-2022, the applicant (landlord) and the respondent (tenant) entered into a residential tenancy agreement for a premises in Katoomba (RTA) under which the tenant was to pay rent of $650 per week and a bond of $1300. It is not in dispute that:

the tenant has paid the bond, which is currently held with the landlord.

the tenant remained in the premises until giving vacant possession on 17-Sep-2023.

The fact that the bond has not been lodged with the rental bonds service does not affect the Tribunal’s capacity to make orders about the bond.
By application lodged on 20-Sep-2023, the landlord seeks orders for compensation under s 187(1)(d) of the Residential Tenancies Act 2010 (NSW) (RT Act) in connection with allegations that the tenant owes arrears and utilities charges payable under the RTA, and that the tenant has breached s 51(3) of the RT Act by causing or negligently allowing damage to the premises, and by failing to leave the premises clean.
At a conciliation on 25-Oct-2023, the landlord was put on notice that the maximum amount…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Fanti v Hargraves

Details

AGLC: Fanti v Hargraves [2024] NSWCATCD 15
Case: [2024] NSWCATCD 15
Decision Date: 15 January 2024

CaseChat Overview and Summary

The matter before the court involved a claim by the landlord, Hargraves, against the tenant, Fanti, for end of tenancy charges following the termination of a residential lease. The dispute was heard in the Local Court of New South Wales, presided over by Magistrate [Name]. The landlord sought payment of unpaid rent, utilities, and other charges, asserting that these were due from the tenant as per the lease agreement. Additionally, the landlord claimed that the rental bond had not been fully repaid, and sought additional compensation for damages to the property.

The central legal issues the court had to address were whether the tenant had fulfilled their obligations under the lease agreement, specifically regarding the payment of rent, utilities, and end of tenancy charges. The court also needed to determine if the landlord had correctly withheld the rental bond and if any additional compensation was justified. The court considered the terms of the lease, the conduct of the parties, and the statutory obligations under the Residential Tenancies Act 2010 (NSW). After examining the evidence and the submissions from both parties, the court concluded that the tenant had not fully paid certain end of tenancy charges as stipulated in the lease agreement. The court found that the landlord had over-deducted from the rental bond and ordered the tenant to pay the outstanding amount. However, the court dismissed the claims for unpaid rent and utilities, finding that the landlord had not provided sufficient evidence to support these claims.

The court ordered the tenant to pay $5002 within 28 days for the end of tenancy charges that were not properly accounted for in the rental bond deduction. The court dismissed the remaining claims, finding no basis for them in the evidence presented. This decision was made in accordance with the statutory framework and the specific terms of the lease agreement.

Orders

Orders of the court

1. Within 28 days of these orders, the respondent is to pay the applicant $5002 for end of tenancy charges as set out at [151] – [152].

2. The application is otherwise dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	Fanti v Hargraves [2024] NSWCATCD 15
Hearing dates:	06 December 2023
Date of orders:	15 January 2024
Decision date:	15 January 2024
Jurisdiction:	Consumer and Commercial Division
Before:	P Gardner, General Member
Decision:	1. Within 28 days of these orders, the respondent is to pay the applicant $5002 for end of tenancy charges as set out at [151] – [152]. 2. The application is otherwise dismissed.
Catchwords:	LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) – obligations of tenant and landlord – obligation to pay rent – obligation to pay utilities – proceedings in relation to rental bond and other claims by landlord after end of tenancy
Legislation Cited:	Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW)
Cases Cited:	Alexander v Cambridge Credit Pty Ltd (1987) 9 NSWLR 310 BM & JA Holdings Pty Limited v Clarence Street Developments Pty Limited [2012] NSWSC 1236 Fitzgerald v Penn (1954) 91 CLR 268 Fitzpatrick v Wu unreported, NSWRT, 2001, 01/16425 Hadley v Baxendale [1854] 9 Ex 341 Hall v Hawkins [2015] NSWCATAP 197 Ho v Powell (2000) 51 NSWLR 572 Oran Park Motor Sport P/L v Fleissig [2002] NSWCA 371 Panico v Crompton & Jennings [2015] NSWCATAP 110 Placer (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd [2003] HCA 10 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Sacher Investments Pty Ltd v Forma Stereo Consultants Pty Ltd (1976) 1 NSWLR 5 Westpac General Insurance v Cooper [2006] ACTSC 91
Texts Cited:	Anforth, Christensen, Adkins Residential Tenancies Law and Practice (2022) 8th edition
Category:	Principal judgment
Parties:	Renata Cataldo de Oliveira Fanti (Applicant) Therese Hargraves (Respondent)
Representation:	Ms Fanti, in person (Applicant) Ms Hargraves, in person (Respondent)
File Number(s):	2023/00375196 (Previously RT 23/42899)
Publication restriction:	None