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.
Details

Areas of Law

  • Residential Tenancy

Legal Concepts

  • Breach of Contract

  • Compensatory Damages

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Cases Citing This Decision

2

Cases Cited

2

Statutory Material Cited

1

Reiss v Helson [2001] NSWSC 486