Smith v Orlando

In the case of Smith v Orlando, the plaintiffs, Anne-Gisele Monica Smith and Benjamin Blake Walker, sought compensation from the defendants, Marco Orlando and Sarah Orlando, for failure to repair and the presence of mould in their rented property. The dispute was heard in the NSW Civil and Administrative Tribunal (NCAT). The plaintiffs claimed that the defendants had breached their obligations under the Residential Tenancies Act 2010 by failing to repair the property, which resulted in the presence of mould and non-economic loss to the plaintiffs.

The primary legal issue before the tribunal was whether the defendants were liable for compensation under the Act for the failure to repair and the presence of mould in the property. The tribunal had to consider whether the defendants' failure to repair amounted to a breach of their obligations and if the presence of mould caused non-economic loss to the plaintiffs. The tribunal also needed to determine the appropriate amount of compensation to be awarded to the plaintiffs if the defendants were found liable.

The tribunal found that the defendants were liable for compensation under the Act for the failure to repair and the presence of mould in the property. The tribunal held that the defendants had breached their obligations by failing to repair the property and that the presence of mould caused non-economic loss to the plaintiffs. The tribunal awarded the plaintiffs the sum of $6,500.00 in compensation, to be paid by the defendants on or before 2 October 2022. The tribunal found that the amount of compensation was appropriate given the circumstances of the case.