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Sinanovic v Bone (No 2)

Sinanovic v Bone (No 2)

Case [2025] NSWSC 652 24 June 2025

Civil Litigation & Procedure

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Supreme Court

New South Wales

Medium Neutral Citation: Sinanovic v Bone (No 2) [2025] NSWSC 652
Hearing dates: 12 June 2025, 19 June 2025 (written submissions)
Decision date: 24 June 2025
Jurisdiction: Common Law
Before: Leeming JA
Decision:
1. To the extent necessary, grant leave to appeal.
2. Appeal dismissed.
3. Mr Sinanovic to pay Ms Bone’s costs in this Court.

Catchwords:
APPEAL – appeal from Local Court – dispute between landlord and tenant – whether Magistrate was biased – whether hearing was procedurally unfair – whether any other irregularity in hearing – whether Magistrate erred in upholding landlord’s claim for unpaid rent and damages – appeal dismissed

Legislation Cited:
Civil Procedure Act 2005 (NSW), s 60
Evidence Act 1995 (NSW), s 39
Local Court Act 2007 (NSW), ss 39, 40
Residential Tenancies Act 2010 (NSW), ss 17, 19
Supreme Court Act 1970 (NSW), s 31

Cases Cited:
Chalik v Chalik [2025] NSWCA 136
Charisteas v Charisteas (2021) 273 CLR 289; [2021] HCA 29
Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55
Damjanovic v Maley (2002) 55 NSWLR 149; [2002] NSWCA 230
de Robillard v Council of the New South Wales Bar Association; Council of the New South Wales Bar Association v de Robillard (No 2) [2024] NSWCA 299
Douglas v John Fairfax & Sons Ltd [1983] 3 NSWLR 126
IIB Australia Pty Ltd v Owners Strata Plan 76024 [2014] NSWSC 1835
Marroun v State Transit Authority (2017) 96 NSWLR 295; [2017] NSWCA 273
Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48
Muriniti v Kalil [2022] NSWCA 109
Murlan Consulting Pty Ltd v Ku-Ring-Gai Municipal Council [2009] NSWCA 300
O’Meara v Adams (No 2) [2021] NSWSC 1167
Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208
Sinanovic v Bone [2022] NSWSC 1474
Sinanovic v Bone [2025] NSWSC 144
Studholme v Rawson (2020) 102 NSWLR 490; [2020] NSWCA 76
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52
Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc (2014) 86 NSWLR 527; [2014] NSWCA 105
Wollongong City Council v Papadopoulos [2019] NSWCA 178
Wood v Firth [2013] NSWSC 845

Category: Principal judgment
Parties: Hakija Sinanovic (Plaintiff)
Ludan Bone (Defendant)
Representation:
Counsel:
M Sinanaj (by leave)
B Haines (Defendant)
Solicitors:
ClarkeKann Laywers (Defendant)

File Number(s): 2024/00289538
Publication restriction: Nil
Decision under appeal

Court or tribunal:

Local Court of New South Wales

Jurisdiction:

General

Date of Decision:

11 July 2024

Before:

Brender LCM

File Number(s):

2020/00315194

JUDGMENT

LEEMING JA: Mr Hakija Sinanovic appeals from a judgment of the Local Court in favour of his former landlord, Ms Ludan Bone, in the amount of $65,246.85. That amount represents substantial success on her claim under a residential tenancy agreement in 2018 in respect of unpaid rent, liability to pay an occupation fee, and damages for cleaning and repairs to the property. The judgment is the result of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Sinanovic v Bone (No 2)

Details

AGLC: Sinanovic v Bone (No 2) [2025] NSWSC 652
Case: [2025] NSWSC 652
Decision Date: 24 June 2025

CaseChat Overview and Summary

In Sinanovic v Bone (No 2), the dispute was between the landlord and tenant of a property in Sydney. The landlord, Bone, filed a claim against the tenant, Sinanovic, for unpaid rent and damages. The matter was initially heard in the Local Court of New South Wales, and subsequently, the tenant appealed to a higher court, arguing several grounds for the appeal. The appellant contended that the Magistrate who presided over the initial hearing was biased, that the hearing was procedurally unfair, and that there were other irregularities in the proceedings. The appellant also argued that the Magistrate had erred in upholding the landlord's claim for unpaid rent and damages.

The court was required to determine whether the Magistrate was indeed biased, if there was any procedural unfairness in the hearing, and if there were any other irregularities that could have impacted the outcome. The court also needed to assess whether the Magistrate's decision to uphold the landlord's claim was correct and whether there was any error in the process that led to this decision.

The court found that there was no evidence of bias on the part of the Magistrate and that the hearing was conducted fairly and without procedural error. The court also found no other irregularities that would have affected the outcome of the case. Furthermore, the court was satisfied that the Magistrate had correctly applied the law in upholding the landlord's claim for unpaid rent and damages. Therefore, the appeal was dismissed, and the decision of the Local Court was upheld.

The final orders of the court confirmed the dismissal of the appeal and maintained the decision of the Local Court regarding the landlord's claim for unpaid rent and damages. The appellant was ordered to pay the respondent's costs of the appeal.

Orders