Wilks v Pejic (Civil Dispute)

In the case of Wilks v Pejic, the applicants sought damages from the respondent in relation to the termination of a residential tenancy agreement. The applicants, who had been co-tenants with the respondent, claimed that the respondent breached their agreement by vacating the premises before the end of the fixed term. The applicants sought damages in relation to ownership of goods, electricity bills, a break lease fee, end of lease cleaning, and a damaged penguin cookie jar. The parties were unable to reach an agreement outside of court, and the matter was heard by the Tribunal.

The Tribunal had to determine whether the applicants had provided sufficient evidence to support their claims and whether the respondent breached the agreement between the parties. The Tribunal found that the applicants had failed to provide relevant, reliable, or probative evidence to support their claims, except in the case of the damaged cookie jar and end of lease cleaning. The Tribunal found that the respondent breached the agreement by vacating the premises before the end of the fixed term, but that the applicants had sufficient compensation for the breach. The Tribunal also found that the respondent should pay compensation for the damaged cookie jar and for the costs of cleaning the premises upon her departure.

The Tribunal ordered that the respondent pay the applicants $399.91 for the damaged cookie jar and for the costs of cleaning the premises upon her departure. The Tribunal noted that the respondent consistently offered to pay compensation in relation to the items claimed in this matter. The Tribunal further noted that in any areas of dispute the applicants failed to provide relevant, reliable or probative evidence to support their claims. The Tribunal determined that it was not appropriate to exercise its discretion to award the Tribunal filing fee to the applicants in these circumstances.

In conclusion, the Tribunal found that the applicants had failed to provide sufficient evidence to support their claims and that the respondent breached the agreement between the parties. However, the Tribunal found that the applicants had sufficient compensation for the breach and that the respondent should pay compensation for the damaged cookie jar and for the costs of cleaning the premises upon her departure. The Tribunal ordered the respondent to pay the applicants $399.91.