Goldstein v Whaley; Whaley v Goldstein

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Goldstein v Whaley; Whaley v Goldstein [2021] NSWCATCD 134

Hearing dates:

7 September 2021

Date of orders:

16 November 2021

Decision date:

16 November 2021

Jurisdiction:

Consumer and Commercial Division

Before:

J Searson – General Member

Decision:

1. The tenants Tom Goldstein and Asaf Dressler are to pay the landlord Heath Whaley the sum of $4746.48 within 28 days of the date of these orders.

2. Renting Services is to pay the landlord the whole of the bond plus interest of rental bond number S190984-8 any amount received is to be credited against the money order.

3. The respondent / landlord’s name is amended in matters RT21/23938 and RT21/36238 to Heath Whaley.

Catchwords:

RESIDENTIAL TENANCY — Compensation — Bond

Legislation Cited:

Residential Tenancies Act 2010 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Cases Cited:

Pearson v Clark [2016] NSWCATAP 134

Elhassen v Ayoub [2018] NSWCATAP 34

Patricia Panico v Carolyn Crompton and Rodney Jennings [2015] NSWCATAP 110

Alamdo Holdings Pty Limited v Australian Window Furnishings (NSW) Pty Ltd [2006] NSWCA 224

Haskell v Marlow [1928] 2 KB 45

Adoncello v Sazdanoff [2006] NSWCTTT 577

Fitzpatrick v Wu (RTT01/16425)

Texts Cited:

Nil

Category:

Principal judgment

Parties:

In RT 21/23938:
Tom Goldstein (Applicant)
Asaf Dressler (Applicant)
Heath Whaley (Respondent)

In RT21/36238:
Heath Whaley (Applicant)
Tom Goldstein (Respondent)
Asaf Dressler (Respondent)

Representation:

In RT 21/23938:
Applicants (Self-represented)
E James (Agent) (Respondent)

In RT21/36238:
E James (Agent) (Applicant)
Respondents (Self-represented)

File Number(s):

RT21/23938
RT21/36238

Publication restriction:

Nil

REASONS FOR DECISION

background

1. The tenant made an application under section 175 of the Residential Tenancies Act 2010 (NSW)("RT Act") on 1 June 2021 ("the tenant's application").

2. The landlord made an application under sections 175, and 187 of the RT Act on 25 August 2021 ("the landlord's application").

3. The tenant's application (RT21/23938) sought orders with respect to payment of the bond of $3800.

4. The landlord's application (RT 21/36238) sought payment of compensation in the total amount of $18494.30 or $14694.30 after payment of the bond.

5. As these matters relied on the same facts they were heard together in a virtual hearing room at Gosford on 7 September 2021.

6. The following reasons for decision relate to both matters.

Jurisdiction

7. The Tribunal has jurisdiction to hear and determine this matter. The applicant are both a tenant and a landlord respectively and the dispute relates to a residential tenancy within the meaning of the Residential Tenancies Act 2010 (“RT Act”).

8. The Tribunal is a statutory body, established on 1 January 2014 by the Civil and Administrative Tribunal Act 2013 (NSW) section 7(2)(a) (‘NCAT Act’).

9. Under Schedule 4 section 3 of the NCAT Act, the Tribunal’s Consumer and Commercial Division has jurisdiction in relation to matters arising under the Residential Tenancies Act 2010 (“RT Act”).

10. The parties entered into a fixed term agreement which commenced on 30 May 2020 and ended on 29 May 2021 to lease the premises situated at XXX Belongi Crescent…