Raju v Principle 9 Real Estate Pty Ltd t/as Principle 9 Real Estate
Case
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[2025] NSWCATCD 99
•28 July 2025
Details
AGLC
Case
Decision Date
Raju v Principle 9 Real Estate Pty Ltd t/as Principle 9 Real Estate [2025] NSWCATCD 99
[2025] NSWCATCD 99
28 July 2025
CaseChat Overview and Summary
The case of Raju v Principle 9 Real Estate Pty Ltd t/as Principle 9 Real Estate involved a dispute between the applicants, Raju and Gregory Murray, and the respondents, Principle 9 Real Estate, regarding the supply of real estate services. The applicants alleged that the respondents had failed to provide services with acceptable quality and due care and skill, contrary to the Australian Consumer Law. The case was heard by the Civil and Administrative Tribunal of New South Wales.
The central legal issues before the Tribunal were whether the respondents had breached their consumer guarantees by failing to provide services that met the acceptable quality and due care and skill standards. Additionally, the Tribunal had to determine the appropriate compensation for the applicants if the breaches were found to have occurred. The applicants argued that the respondents' failure to provide a habitable rental property and to repair issues in a timely manner constituted breaches of the consumer guarantees.
In its decision, the Tribunal found that the respondents had indeed breached the consumer guarantees. The evidence showed that the applicants had suffered significant inconvenience and distress due to the poor condition of the rental property and the respondents' failure to address repair issues promptly. The Tribunal assessed the compensation based on the applicants' out-of-pocket expenses and the diminution in value of the rental property. As a result, the Tribunal ordered the respondents to pay the applicants the sum of $7,097.40 immediately. Furthermore, the Tribunal set a timetable for the parties to submit written submissions and documents on the question of costs and whether a hearing on costs was necessary.
The final orders included the joining of Gregory Murray as an applicant, the immediate payment of compensation to the applicants, and a detailed schedule for the submission of cost-related materials by the applicants and respondents.
The central legal issues before the Tribunal were whether the respondents had breached their consumer guarantees by failing to provide services that met the acceptable quality and due care and skill standards. Additionally, the Tribunal had to determine the appropriate compensation for the applicants if the breaches were found to have occurred. The applicants argued that the respondents' failure to provide a habitable rental property and to repair issues in a timely manner constituted breaches of the consumer guarantees.
In its decision, the Tribunal found that the respondents had indeed breached the consumer guarantees. The evidence showed that the applicants had suffered significant inconvenience and distress due to the poor condition of the rental property and the respondents' failure to address repair issues promptly. The Tribunal assessed the compensation based on the applicants' out-of-pocket expenses and the diminution in value of the rental property. As a result, the Tribunal ordered the respondents to pay the applicants the sum of $7,097.40 immediately. Furthermore, the Tribunal set a timetable for the parties to submit written submissions and documents on the question of costs and whether a hearing on costs was necessary.
The final orders included the joining of Gregory Murray as an applicant, the immediate payment of compensation to the applicants, and a detailed schedule for the submission of cost-related materials by the applicants and respondents.
Details
Key Legal Topics
Areas of Law
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Consumer Law
Legal Concepts
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Consumer guarantees
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Assessment of damages
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Assessment of compensation
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Cases Citing This Decision
0
Cases Cited
34
Statutory Material Cited
7
Breen v Williams
[1996] HCA 57
Breen v Williams
[1996] HCA 57