Faulder v Tran

Case

[2018] ACAT 80

21 August 2018


Details
AGLC Case Decision Date
Faulder v Tran [2018] ACAT 80 [2018] ACAT 80 21 August 2018

CaseChat Overview and Summary

The case of Faulder v Tran was heard before the Administrative Appeals Tribunal. The dispute involved a tenant, the Appellant, who was appealing against a decision of the Victorian Civil and Administrative Tribunal (VCAT) concerning a claim for compensation for damage to the rental property caused by the tenant's former partner. The Tribunal was required to determine the appropriate compensation for specific items of damage and inconvenience.

The primary legal issues before the Tribunal were the quantification of damages and the proper allocation of costs. The Tribunal had to consider the evidence presented regarding the costs of repairing or replacing the damaged items and the reasonableness of the general inconvenience compensation. Additionally, the Tribunal needed to address the issue of the allocation of costs between the parties, including the costs of the original VCAT proceeding and the appeal before the Tribunal.

The Tribunal found that the Appellant was entitled to compensation for certain items of damage and inconvenience. The Tribunal allowed the appeal in part, setting aside the orders of the Tribunal dated 9 January 2018. The Tribunal determined that the Respondent should pay the Appellant a total of $1,692.50, broken down into specific categories including cleaning, broken blinds, an alarm system, a security key, a ducted vacuum system, a heating system, general inconvenience, and the costs of the original and appeal filing fees. This decision was based on the evidence provided and the Tribunal's assessment of the reasonableness of the claimed amounts.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Appeal

  • Compensatory Damages

  • Costs

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