Thomas v Godbolt [2021] NSWCATAP 318

Thomas v Godbolt [2021] NSWCATAP 318

The Tribunal erred in awarding rent reimbursement and speaker compensation because critical findings were made without evidence. The presence of asbestos in a separate garage used for storage did not provide evidence that the residential house was unfit for habitation, and there was no evidence the tenants had pursued rent reimbursement throughout the tenancy so as to justify extending time for that claim. There was also no evidence linking water ingress to a power surge or to damage to the Sonos One speakers. The orders were therefore varied to exclude $13,200 for rent reimbursement and $538 for the speakers, while preserving the conceded Airsafe report reimbursement and piano damage...

Jurisdiction
Australia
Judgment Date
18 October 2021
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From a Residential Tenancy Decision / Appeal Panel Decision
Outcome
Appeal allowed in part.
Legal Topics
['breach of Residential Tenancy Agreement' 'habitability' 'assessment of Damages' 'no Evidence Ground' 'extension of Time' 'restitution of Overpayment']
['leases and Tenancies' 'residential Tenancy Law' 'administrative Law'] ['breach of Residential Tenancy Agreement' 'habitability' 'assessment of Damages' 'no Evidence Ground' 'extension of Time' 'restitution of Overpayment']

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From a Residential Tenancy Decision / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether there was evidence to support a finding that the residential premises were uninhabitable because asbestos was present in a detached garage.' 'Whether there was evidence to support the finding, relied on in extending time, that the tenants had persistently pursued reimbursement of rent during the tenancy.' 'Whether there was evidence that damage to two Sonos One speakers was caused by water ingress for which the landlord was responsible through breach of the obligation to maintain the premises in a reasonable state of repair.']

Ratio Decidendi

The Tribunal erred in awarding rent reimbursement and speaker compensation because critical findings were made without evidence. The presence of asbestos in a separate garage used for storage did not provide evidence that the residential house was unfit for habitation, and there was no evidence the tenants had pursued rent reimbursement throughout the tenancy so as to justify extending time for that claim. There was also no evidence linking water ingress to a power surge or to damage to the Sonos One speakers. The orders were therefore varied to exclude $13,200 for rent reimbursement and $538 for the speakers, while preserving the conceded Airsafe report reimbursement and piano damage...

Court Disposition

Appeal allowed in part.

Orders

  • ['The Orders made by the Tribunal on 12 July 2021 in proceedings RT 21/04718 are varied.' 'Order 1 is varied to substitute the sum of $1,749 for the sum of $15,000.' 'Order 2 is varied to substitute the sum of $5400 for the sum of $5938.' 'The respondents are to pay $13,789 to the appellant, by way of restitution of...