Welch v Luke; Luke v Welch

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Welch v Luke; Luke v Welch [2019] NSWCATCD 72

Hearing dates:

27 June 2019

Date of orders:

23 July 2019 – Amended 8 August 2019

Decision date:

23 July 2019

Jurisdiction:

Consumer and Commercial Division

Before:

Member S Corley

Decision:

The orders sent to you on 23 July 2019 have been amended under Section 63 of the NSW Civil and Administrative Tribunal Act 2013 and should read as follows:

1. The Tenants, Matthew Welch and Elin Rainoni are to pay the Landlord, Kathryn Luke and Simon Williams the sum of $1270 immediately.

2. This amount of $1270 is to be paid from the Rental Bond S131958-8. The remainder of the bond is to be paid to the Tenants, Matthew Welch and Elin Rainoni.

3. The Landlord’s claim for compensation is otherwise dismissed.

Catchwords:

RESIDENTIAL TENANCY- compensation- bond

Legislation Cited:

Residential Tenancies Act 2010 (NSW)

Category:

Principal judgment

Parties:

Mr Matthew Welch and Ms Elin Rainoni (Tenants)
Ms Kathryn Luke and Mr Simon Williams (Landlord)

Representation:

Mr Welch and Ms Rainoni (in person)
Ms Luke and Mr Williams (in person)

File Number(s):

RT 19/09535, RT 19/11438

Publication restriction:

unrestricted

Reasons for decision

APPLICATION AND JURISDICTION

1. In application RT19/09535 filed 25 February 2019, Mr Welch and Ms Rainoni (‘the Tenants’) seek orders for the payment of the rental bond.

2. In application RT19/11438 filed 7 March 2019, Ms Kathryn Luke and Mr Simon Williams (‘the Landlord’) seek orders for the payment of compensation and the payment of the rental bond from the Tenants. The Landlord seeks payment of an amount in excess of $15,000 but has agreed to accept the jurisdictional limit of the Tribunal.

3. The Landlord and Tenants were party to a residential tenancy agreement governed by the Residential Tenancies Act 2010 (RTA). The Tenants paid a bond at the commencement of the tenancy agreement. The tenancy has now terminated.

4. NCAT has jurisdiction to hear these applications pursuant to ss 175 and 187 of the RTA.

HEARING

5. Both Mr Welch and Ms Rainoni attended in person.

6. The Landlord Ms Luke and Mr Williams also attended in person. In addition, they were accompanied by their managing agent Ms Whithear and Mr Chetan of Novak Properties (‘the Agent’).

7. Both parties had filed documents prior to the hearing in accordance with earlier directions. The parties had access to each other’s documents prior to the hearing. The Landlord’s documents ran to 818 pages, the Tenants’ documents to 166 pages.

8. All present took an affirmation or oath prior to giving evidence. In the course of giving evidence the parties referred to relevant documents which had previously been filed in this matter.

9. The Landlord called three witnesses to give evidence, Mr Trent Fraser who installed the new timber floor, Mr Mitchell Facey who attended the property to carry out electrical work and Mr Peter Luke, the father of the Kathryn Luke, who fixed the kitchen sink.

10. The parties demonstrated significant animosity towards each other and regularly interjected when…