Johnson v Wilson [2018] NSWCATAP 40

Johnson v Wilson [2018] NSWCATAP 40

The appeal was dismissed because the tenants did not identify any error of law and did not establish that they may have suffered a substantial miscarriage of justice. The Tribunal had evidence sufficient to find that damage to the kitchen cabinetry and doorjamb paintwork was caused by the tenants, and it was entitled to assess compensation by applying discounts to reflect betterment, lack of itemisation, and the evidence available.

Jurisdiction
Australia
Judgment Date
07 February 2018
Procedural Posture
Internal Appeal in Residential Tenancy Compensation Dispute / Appeal From Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal Dated 2 November 2017
Outcome
Appeal dismissed
Legal Topics
['internal Appeal' 'question of Law' 'leave to Appeal' 'substantial Miscarriage of Justice' 'fair Wear and Tear' 'compensation for Property Damage' 'assessment of Damages' 'betterment Discount']
['residential Tenancies' 'civil Procedure' 'damages'] ['internal Appeal' 'question of Law' 'leave to Appeal' 'substantial Miscarriage of Justice' 'fair Wear and Tear' 'compensation for Property Damage' 'assessment of Damages' 'betterment Discount']

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Procedural Posture

Internal Appeal in Residential Tenancy Compensation Dispute / Appeal From Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal Dated 2 November 2017

Legal Issues

  1. 1 ['Whether the tenants identified any question of law in the decision under appeal.' 'Whether the tenants may have suffered a substantial miscarriage of justice because the decision was not fair and equitable or was against the weight of evidence.' 'Whether the Tribunal had sufficient evidence to find that damage to kitchen cabinetry beyond fair wear and tear was caused by the tenants and warranted compensation.' 'Whether the Tribunal had sufficient evidence to find that damage to doorjamb paintwork was caused by the tenants and warranted compensation.' "Whether the discounts applied to the landlord's claims adequately accounted for improvement in quality and extended economic life of the relevant surfaces."]

Ratio Decidendi

The appeal was dismissed because the tenants did not identify any error of law and did not establish that they may have suffered a substantial miscarriage of justice. The Tribunal had evidence sufficient to find that damage to the kitchen cabinetry and doorjamb paintwork was caused by the tenants, and it was entitled to assess compensation by applying discounts to reflect betterment, lack of itemisation, and the evidence available.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.']