Ghavamzadeh v Semaan [2024] NSWCATAP 143

Ghavamzadeh v Semaan [2024] NSWCATAP 143

The Appeal Panel dismissed the appeal because it was not persuaded that the Tribunal made any error. There was no statutory obligation requiring the landlord to give the tenant an AGL bill, and the uncontested evidence supported the finding that the private meter would have enabled AGL to prepare a separate bill and therefore complied with the definition of separately metered. The Tribunal had identified and applied the fair wear and tear principle when awarding end of tenancy costs, and the tenant did not show that any item was attributable to fair wear and tear. The proposed additional evidence was irrelevant to the issues on appeal.

Jurisdiction
Australia
Judgment Date
25 July 2024
Procedural Posture
Residential Tenancy Appeal / Appeal to the NSW Civil and Administrative Tribunal Appeal Panel From a Consumer and Commercial Division Decision Dated 3 May 2024
Outcome
The appeal is dismissed.
Legal Topics
["tenant's Liability for Electricity Usage Charges" 'separately Metered Residential Premises' "tenant's Liability for End of Tenancy Costs" 'fair Wear and Tear' 'leave to Appeal' 'additional Evidence on Appeal']
['leases and Tenancies' 'residential Tenancies' 'civil Procedure'] ["tenant's Liability for Electricity Usage Charges" 'separately Metered Residential Premises' "tenant's Liability for End of Tenancy Costs" 'fair Wear and Tear' 'leave to Appeal' 'additional Evidence on Appeal']

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Procedural Posture

Residential Tenancy Appeal / Appeal to the NSW Civil and Administrative Tribunal Appeal Panel From a Consumer and Commercial Division Decision Dated 3 May 2024

Legal Issues

  1. 1 ['Whether the Tribunal erred in finding the tenant liable for electricity usage charges for the granny flat.' 'Whether the electricity meter satisfied the Residential Tenancies Act 2010 (NSW) definition of separately metered premises.' 'Whether the Tribunal failed to take into account fair wear and tear when awarding end of tenancy costs.' "Whether leave should be granted to rely on additional evidence in the form of the tenant's father's statutory declaration."]

Ratio Decidendi

The Appeal Panel dismissed the appeal because it was not persuaded that the Tribunal made any error. There was no statutory obligation requiring the landlord to give the tenant an AGL bill, and the uncontested evidence supported the finding that the private meter would have enabled AGL to prepare a separate bill and therefore complied with the definition of separately metered. The Tribunal had identified and applied the fair wear and tear principle when awarding end of tenancy costs, and the tenant did not show that any item was attributable to fair wear and tear. The proposed additional evidence was irrelevant to the issues on appeal.

Court Disposition

The appeal is dismissed.

Orders

  • ['The Appeal is dismissed.']