Wang v Abdel-Messih;; Abdel-Messih v Wang
Case
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[2017] NSWCATCD 70
•25 August 2017
Details
AGLC
Case
Decision Date
Wang v Abdel-Messih; Abdel-Messih v Wang [2017] NSWCATCD 70
[2017] NSWCATCD 70
25 August 2017
CaseChat Overview and Summary
Wang v Abdel-Messih and Abdel-Messih v Wang involved a dispute between a landlord and tenant over alleged breaches of a residential tenancy agreement. The landlord, Le Dong Wang, applied for termination of the tenancy and compensation for non-payment of rent, while the tenant, Bishoy Abdel-Messih, sought compensation for damages allegedly caused by the landlord's unreasonable refusal to consent to subletting. The matter was heard in the Residential Tenancy Tribunal of New South Wales. The legal issues before the Tribunal included whether the tenant had breached the tenancy agreement by keeping a dog and failing to pay rent, and whether the landlord had breached the agreement by unreasonably withholding consent to subletting and by failing to provide a safe and habitable living environment.
The Tribunal found that the tenant had breached the tenancy agreement by keeping a dog and by failing to pay rent. The Tribunal also found that the landlord had breached the agreement by unreasonably withholding consent to subletting, which resulted in the tenant incurring costs to relocate. However, the Tribunal dismissed the tenant's claim for compensation for damages, finding that the tenant had failed to prove that the landlord's actions had caused the alleged damage. The Tribunal ordered that the tenancy be terminated and possession be given to the landlord, with the tenant paying an occupation fee until the landlord regained possession. The Tribunal also ordered the tenant to pay the landlord $15,000 in compensation for non-payment of rent. The Tribunal refused the tenant's request to file additional evidence and dismissed the tenant's application for compensation for damages.
The Tribunal found that the tenant had breached the tenancy agreement by keeping a dog and by failing to pay rent. The Tribunal also found that the landlord had breached the agreement by unreasonably withholding consent to subletting, which resulted in the tenant incurring costs to relocate. However, the Tribunal dismissed the tenant's claim for compensation for damages, finding that the tenant had failed to prove that the landlord's actions had caused the alleged damage. The Tribunal ordered that the tenancy be terminated and possession be given to the landlord, with the tenant paying an occupation fee until the landlord regained possession. The Tribunal also ordered the tenant to pay the landlord $15,000 in compensation for non-payment of rent. The Tribunal refused the tenant's request to file additional evidence and dismissed the tenant's application for compensation for damages.
Details
Key Legal Topics
Areas of Law
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Property Law
Legal Concepts
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Res Judicata
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Limitation Periods
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Standing
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Compensatory Damages
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Specific Performance
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Contract Formation
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Breach of Contract
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Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
0
Diago Lobo v Abdel-Messih
[2016] NSWCATCD 14
Re Luck
[2003] HCA 70