Moffatt v Muscat

[2023] NSWCATCD 13

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

Moffatt v Muscat [2023] NSWCATCD 13

Hearing dates:

12 January 2023

Date of orders:

17 January 2023

Decision date:

17 January 2023

Jurisdiction:

Consumer and Commercial Division

Before:

P French, Senior Member

Decision:

(1) The landlords, Frank Muscat and Robert Muscat must cause the undertaking of the following work in a proper and workmanlike manner before 28 February 2023:

(a) Permanently disconnect the tank from the water supply from the local water course.

(b) Establish and maintain a filtration system at the top of the tank that ensures that only clean rainwater enters the tank.

(c) Empty all water from the tank.

(d) Thoroughly clean and sanitise the interior of the tank.

(e) Upon completion of the above, fill the tank with clean water suitable for drinking ensuring that it remains full to at least 50% capacity at all times.

(2) The landlords, Frank Muscat and Robert Muscat must pay the tenant, Hailee Moffatt, $100.00 immediately.

(3) The application is otherwise dismissed.

Catchwords:

LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) – obligations of tenant and landlord – landlord’s general obligations – obligation to provide premises in a state fit for habitation – obligation to maintain premises in a reasonable state of repair

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW) – s 41

Residential Tenancies Act 2010 (NSW) – ss 39, 41, 52, 63, 65, 187, 190

Residential Tenancies Amendment (Review) Act 2018 (NSW); Schedule 1

Residential Tenancies Regulation 2019 (NSW)

Cases Cited:

Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54; (1992) 174 CLR 64

De Soleil v Palmhide P/L [2010] NSWCTTT 464

Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22

Proudfoot v Hart (1890) 25 QBD 42

Texts Cited:

Legislative Assembly Hansard 28 September 2018, Residential Tenancies Amendment (Review) Bill 2018, Second Reading Speech

Category:

Principal judgment

Parties:

Hailee Moffatt (Applicant)

Frank Muscat (First Respondent)
Robert Muscat (Second Respondent)

Representation:

Hailee Moffatt (Self-represented)

Victoria Muscat (First and Second Respondents)
Joanne Muscat (First and Second Respondents)

File Number(s):

RT 22/45594

Publication restriction:

Nil

REASONS FOR DECISION

Introduction

1. This is an application by Hailee Moffat (the tenant) for orders pursuant to sections 52, 63, 187 and 190 of the Residential Tenancies Act 2010 (the Act) that would require Frank and Robert Muscat (the landlords) to pay her $6,000.00 (or some greater sum as determined by the Tribunal) for damage and loss she contends she has incurred because of the failure of the landlords to fulfill their general obligations to pass possession of the premises to her in a state fit for habitation and to maintain the premises in a reasonable state of repair. Specifically, the tenant contends that the landlord failed to ensure that there was a supply of clean water to the premises. The loss she contends for is the cost of purchase of fresh drinking water over the six-and-a-half year period of the tenancy. The tenant also applies for orders…