Chung v Zadeh [2020] NSWCATAP 230

Chung v Zadeh [2020] NSWCATAP 230

The Tribunal erred in awarding damages without first determining whether there was a breach of the residential tenancy agreement by the landlord. In the absence of such a finding or adequate reasons, it was not open to award compensation. The Tribunal's failure to consider liability and provide sufficient reasons constituted an error of law; consequently, the orders were set aside and the matter was remitted to the Tribunal for determination according to law.

Parties
Appellant (landlord): Cynthia Sau Man Chung; First Respondent (tenant): Marzieh Zohrab Zadeh; Second Respondent (tenant): Iman Emamian Rad
Jurisdiction
Australia
Judgment Date
05 November 2020
Procedural Posture
Internal Appeal / Appeal Panel Determination
Outcome
Appeal allowed. Award set aside. Matter remitted to Tribunal.
Legal Topics
Internal Appeal, Compensation, Breach of Tenancy Agreement, Rent Reduction, Procedural Fairness
Residential Tenancy Administrative Law Internal Appeal Compensation Breach of Tenancy Agreement Rent Reduction Procedural Fairness

Case Brief

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Parties

Cynthia Sau Man Chung

Appellant (landlord)

Marzieh Zohrab Zadeh

First Respondent (tenant)

Iman Emamian Rad

Second Respondent (tenant)

Procedural Posture

Internal Appeal / Appeal Panel Determination

Legal Issues

  1. 1 Whether the Tribunal erred in awarding compensation without finding breach of residential tenancy agreement
  2. 2 Whether the Tribunal applied the correct legal principles
  3. 3 Whether there was evidence to support findings regarding compensation for lost wages, cleaning, and removalist fees

Ratio Decidendi

The Tribunal erred in awarding damages without first determining whether there was a breach of the residential tenancy agreement by the landlord. In the absence of such a finding or adequate reasons, it was not open to award compensation. The Tribunal's failure to consider liability and provide sufficient reasons constituted an error of law; consequently, the orders were set aside and the matter was remitted to the Tribunal for determination according to law.

Court Disposition

Appeal allowed. Award set aside. Matter remitted to Tribunal.

Orders

  • The appeal is allowed.
  • The award made by the Tribunal in the amount of $4139.00 is set aside.