Bakeer v Hariri; Hariri v Bakeer [2021] NSWCATAP 196

Bakeer v Hariri; Hariri v Bakeer [2021] NSWCATAP 196

The Tribunal erred in finding that the Tenants caused the cracked benchtop because the supposed admission that a pot must have dropped on it was not made by the Tenants, the Landlord's statement was speculation, and there was no expert or other sufficient evidence proving causation on the balance of probabilities. The Tribunal did not err in awarding rubbish removal because there was evidence, accepted by the Tribunal, that more than ordinary waste bins were left and that a tip truck was required. The Landlord's out-of-time appeal was extended because the delay was short, there was no prejudice, and the justice of the case supported hearing the appeal. The Tribunal did not err in...

Jurisdiction
Australia
Judgment Date
29 June 2021
Procedural Posture
Residential Tenancy Appeals / Appeal Panel Appeal From Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal Dated 03 March 2021
Outcome
Both appeals were upheld in part. The Tribunal's monetary order was varied from $7,278.00 to $5,278.00, the bond order was confirmed, and time was extended for the Landlord's appeal.
Legal Topics
['residential Premises Condition at End of Tenancy' 'fair Wear and Tear' 'damage to Premises' 'cleaning of Premises' 'rubbish Removal' 'extension of Time to Appeal' 'new Evidence on Appeal']
['leases and Tenancies' 'residential Tenancies' 'civil Procedure'] ['residential Premises Condition at End of Tenancy' 'fair Wear and Tear' 'damage to Premises' 'cleaning of Premises' 'rubbish Removal' 'extension of Time to Appeal' 'new Evidence on Appeal']

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Procedural Posture

Residential Tenancy Appeals / Appeal Panel Appeal From Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal Dated 03 March 2021

Legal Issues

  1. 1 ['Whether the Tribunal erred in finding that the Tenants caused the crack in the kitchen stone benchtop.' 'Whether the Tribunal erred in awarding $1,000 for rubbish removal.' 'Whether the Landlord should be granted an extension of time to file his Notice of Appeal.' 'Whether the Tribunal erred in failing to award $3,500 for repair of damage to the premises.' 'Whether the Tribunal erred in failing to award $500 for cleaning of the property.' 'Whether the Tribunal erred in failing to award a sum for repair and repainting of the driveway retaining wall.' "Whether the Tribunal's statement that the Landlord tendered one building quote, when he tendered two, affected the result."]

Ratio Decidendi

The Tribunal erred in finding that the Tenants caused the cracked benchtop because the supposed admission that a pot must have dropped on it was not made by the Tenants, the Landlord's statement was speculation, and there was no expert or other sufficient evidence proving causation on the balance of probabilities. The Tribunal did not err in awarding rubbish removal because there was evidence, accepted by the Tribunal, that more than ordinary waste bins were left and that a tip truck was required. The Landlord's out-of-time appeal was extended because the delay was short, there was no prejudice, and the justice of the case supported hearing the appeal. The Tribunal did not err in...

Court Disposition

Both appeals were upheld in part. The Tribunal's monetary order was varied from $7,278.00 to $5,278.00, the bond order was confirmed, and time was extended for the Landlord's appeal.

Orders

  • ['Appeal upheld.' 'Order 1 made by the Tribunal on 3 March 2021 is varied to substitute the sum of $5,278.00 for the sum of $7,278.00 referred to in that Order.' 'Order 2 made by the Tribunal on 3 March 2021 is confirmed.' "In the Landlord's appeal proceedings 2021/00091560, time to file the Notice of Appeal is...