Goldstein v Whaley; Whaley v Goldstein [2021] NSWCATCD 134

Goldstein v Whaley; Whaley v Goldstein [2021] NSWCATCD 134

The evidence, including condition reports, photographs, invoices, quotes and the ledger, established breaches by the tenants of s 51(3) and s 33 of the Residential Tenancies Act 2010 (NSW). However, several claimed amounts were excessive because they did not adequately allow for fair wear and tear, depreciation, the property's initial condition, or the actual scope of damage. Fair and reasonable compensation was assessed at $4746.48, with the whole bond plus interest to be released to the landlord and credited against the money order.

Jurisdiction
Australia
Judgment Date
16 November 2021
Procedural Posture
Residential Tenancy Applications for Bond and Compensation / Principal Judgment After Hearing
Outcome
Tenants ordered to pay compensation to the landlord; bond to be released to the landlord and credited against the money order; landlord's name amended in the proceedings.
Legal Topics
['bond' 'compensation' 'tenant Obligations on Vacant Possession' 'rent Arrears' 'fair Wear and Tear' 'depreciation']
['residential Tenancy' 'consumer and Commercial'] ['bond' 'compensation' 'tenant Obligations on Vacant Possession' 'rent Arrears' 'fair Wear and Tear' 'depreciation']

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Procedural Posture

Residential Tenancy Applications for Bond and Compensation / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the landlord established a valid claim on the rental bond.' 'Whether the tenants breached obligations under s 51(3) and s 33 of the Residential Tenancies Act 2010 (NSW).' 'What amount of compensation was fair and reasonable for flooring, blind cleaning, kitchen bench top, landscaping, refrigerator damage, carpet cleaning, painting and rent arrears.' "Whether the landlord's claimed amounts should be reduced for fair wear and tear, depreciation and the condition of the premises at the start of the tenancy."]

Ratio Decidendi

The evidence, including condition reports, photographs, invoices, quotes and the ledger, established breaches by the tenants of s 51(3) and s 33 of the Residential Tenancies Act 2010 (NSW). However, several claimed amounts were excessive because they did not adequately allow for fair wear and tear, depreciation, the property's initial condition, or the actual scope of damage. Fair and reasonable compensation was assessed at $4746.48, with the whole bond plus interest to be released to the landlord and credited against the money order.

Court Disposition

Tenants ordered to pay compensation to the landlord; bond to be released to the landlord and credited against the money order; landlord's name amended in the proceedings.

Orders

  • ['The tenants Tom Goldstein and Asaf Dressler are to pay the landlord Heath Whaley the sum of $4746.48 within 28 days of the date of these orders.' 'Renting Services is to pay the landlord the whole of the bond plus interest of rental bond number S190984-8 any amount received is to be credited against the money...