Wang v Abdel-Messih; Wang v Abdel -Messih; Abdel-Messih v Wang
Case
•
[2017] NSWCATCD 11
•22 February 2017
Details
AGLC
Case
Decision Date
Wang v Abdel-Messih; Wang v Abdel -Messih; Abdel-Messih v Wang [2017] NSWCATCD 11
[2017] NSWCATCD 11
22 February 2017
CaseChat Overview and Summary
The dispute between the parties, Wang and Abdel-Messih, was centred around the termination of a residential tenancy agreement and a subsequent claim for compensation by the tenant, Wang. The matter was heard and decided by the Civil and Administrative Tribunal of New South Wales (NCAT). Wang, the tenant, sought compensation for various issues including a car space, a day's rent, a swipe key, and a non-functioning television point. Additionally, Wang requested that the landlord, Abdel-Messih, address electrical issues within the property.
The legal issues before the tribunal revolved around the interpretation and application of the Residential Tenancies Act 2010 (NSW). Specifically, the tribunal had to determine whether the landlord breached the tenancy agreement by failing to provide adequate living conditions and whether Wang was entitled to compensation for these alleged breaches. The tribunal also had to assess the merits of Wang's request for the landlord to engage a licensed electrician to inspect and repair the electrical circuit within the premises.
In its decision, the tribunal found that the landlord had indeed breached the tenancy agreement by failing to provide a functioning television point and by not ensuring that the electrical circuit was safe. The tribunal awarded Wang compensation in the amount of $444.28 for the identified issues. Additionally, the tribunal ordered the landlord to address the electrical issues by engaging a licensed electrician to investigate and make necessary repairs within seven days of the tribunal's decision. The tribunal dismissed the rest of Wang's applications.
The final orders of the tribunal were that the landlord must pay Wang $444.28 for the car space, the day's rent, the swipe key, and the non-functioning television point. The landlord was also required to investigate and repair the electrical circuit with the assistance of a licensed electrician within seven days of the decision. The tribunal dismissed all other applications made by Wang.
The legal issues before the tribunal revolved around the interpretation and application of the Residential Tenancies Act 2010 (NSW). Specifically, the tribunal had to determine whether the landlord breached the tenancy agreement by failing to provide adequate living conditions and whether Wang was entitled to compensation for these alleged breaches. The tribunal also had to assess the merits of Wang's request for the landlord to engage a licensed electrician to inspect and repair the electrical circuit within the premises.
In its decision, the tribunal found that the landlord had indeed breached the tenancy agreement by failing to provide a functioning television point and by not ensuring that the electrical circuit was safe. The tribunal awarded Wang compensation in the amount of $444.28 for the identified issues. Additionally, the tribunal ordered the landlord to address the electrical issues by engaging a licensed electrician to investigate and make necessary repairs within seven days of the tribunal's decision. The tribunal dismissed the rest of Wang's applications.
The final orders of the tribunal were that the landlord must pay Wang $444.28 for the car space, the day's rent, the swipe key, and the non-functioning television point. The landlord was also required to investigate and repair the electrical circuit with the assistance of a licensed electrician within seven days of the decision. The tribunal dismissed all other applications made by Wang.
Details
Key Legal Topics
Areas of Law
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Residential Tenancy
Legal Concepts
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Breach of Contract
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Compensatory Damages
Actions
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Most Recent Citation
Pursell v Eversham Close Pty Ltd [2020] NSWDC 372
Cases Citing This Decision
2
Pursell v Eversham Close Pty Ltd
[2020] NSWDC 372
Pursell v Eversham Close Pty Ltd
[2020] NSWDC 372
Cases Cited
2
Statutory Material Cited
1
Tralee Technology Holdings Pty Limited v Yun Chen
[2015] NSWSC 1259
Reiss v Helson
[2001] NSWSC 486
Tralee Technology Holdings Pty Limited v Yun Chen
[2015] NSWSC 1259