Culmone v Churchill & Ors; Churchill & Ors v Culmone [2023] NSWCATCD 90

Culmone v Churchill & Ors; Churchill & Ors v Culmone [2023] NSWCATCD 90

Tenants are liable for some cleaning, mowing, and fumigation costs where landlord established fair basis and liability was not negated by fair wear and tear or pre-existing defect; other landlord claims dismissed as fair wear and tear or landlord's own repair failure. Landlord is liable to compensate tenants for loss of use of shower caused by his failure to repair, but not for mould as it was not raised during tenancy.

Jurisdiction
Australia
Judgment Date
23 August 2023
Procedural Posture
Residential Tenancy Dispute / Principal Judgment
Outcome
Landlord’s and tenants’ claims each partly allowed; net order for landlord to pay tenants $400
Legal Topics
['compensation at End of Tenancy' 'fair Wear and Tear' 'liability for Pets' 'compensation for Failure to Repair' 'uninhabitable Premises']
['residential Tenancies' 'consumer Law'] ['compensation at End of Tenancy' 'fair Wear and Tear' 'liability for Pets' 'compensation for Failure to Repair' 'uninhabitable Premises']

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Procedural Posture

Residential Tenancy Dispute / Principal Judgment

Legal Issues

  1. 1 ['Whether tenants are liable for landlord’s claimed costs for cleaning, repairs, mowing, and pest control' 'Whether landlord is liable for compensation for loss of amenity due to failure to repair bathtub and address mould']

Ratio Decidendi

Tenants are liable for some cleaning, mowing, and fumigation costs where landlord established fair basis and liability was not negated by fair wear and tear or pre-existing defect; other landlord claims dismissed as fair wear and tear or landlord's own repair failure. Landlord is liable to compensate tenants for loss of use of shower caused by his failure to repair, but not for mould as it was not raised during tenancy.

Court Disposition

Landlord’s and tenants’ claims each partly allowed; net order for landlord to pay tenants $400

Orders

  • ['The landlord, Tony Culmone, is to pay the tenants Lachlan Churchill and Nicholas Brodie and Regan Grgurovic and Paul Churchill the sum of $400 within 14 days from the date of these orders.']