Lee v Cao

In the case of Lee v Cao, the tenants, the Lees, disputed a claim made by their former landlord, Cao, for damages to the residential property they had occupied. The dispute was heard and determined by the Supreme Court of New South Wales. The tenants argued that the amount owed to the landlord was incorrect, claiming that the adjudicator had made inconsistent findings regarding what constituted fair wear and tear on the property. They also argued that no finding of fair wear and tear was made at all.

The legal issues in this case involved the interpretation of the Residential Tenancies Act 2010 (NSW) and the determination of whether the adjudicator's decision was consistent in its findings regarding fair wear and tear. Additionally, the court needed to decide whether the tenants were permitted to retry questions of fact that had already been determined by the adjudicator.

The court found that no such finding of fair wear and tear had been made by the adjudicator, and the tenants' attempt to retry questions of fact that had already been determined was inadmissible. The court held that the adjudicator's decision was consistent and that the tenants' challenge to the amount owed was without merit. As such, the application for leave to appeal was dismissed, and the order for the remaining balance of $250 to be paid by the tenants to the landlord was upheld.