Krystal Stocks and Grant Morehead; v Kylie Jackson [2014] NSWCATCD 242

Krystal Stocks and Grant Morehead; v Kylie Jackson [2014] NSWCATCD 242

The tenants became aware of the alleged odour-related breach at least by 23 July 2013 and filed their application on 13 December 2013, outside the 3 month period required by s 190 of the Residential Tenancies Act 2010 and reg 22(9). The Tribunal was not satisfied that the tenants gave an adequate explanation for the delay, that strict compliance would cause injustice, or that the compensation application had prospects of success. Time was therefore not extended under s 41 of the Civil and Administrative Tribunal Act 2013, and the compensation application was dismissed. The rental bond claim was in time, and because the tenants admitted owing two weeks rent of $1,020.00, the landlord was...

Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Residential Tenancy Application for Rental Bond and Compensation Orders / Principal Judgment After Hearing
Outcome
Application for compensation dismissed; rental bond ordered to be paid partly to the landlord and partly to the tenants.
Legal Topics
['time Limits for Tenancy Applications' 'extension of Time' 'rental Bond' 'compensation for Alleged Breach of Residential Tenancy Agreement' 'excessive Rent' 'repairs' 'termination of Tenancy']
['residential Tenancies' 'civil and Administrative Procedure'] ['time Limits for Tenancy Applications' 'extension of Time' 'rental Bond' 'compensation for Alleged Breach of Residential Tenancy Agreement' 'excessive Rent' 'repairs' 'termination of Tenancy']

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Procedural Posture

Residential Tenancy Application for Rental Bond and Compensation Orders / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the tenants' application for compensation and related orders was filed within the time prescribed by s 190 of the Residential Tenancies Act 2010 and reg 22(9) of the Residential Tenancies Regulations 2010." 'Whether the Tribunal should extend time under s 41 of the Civil and Administrative Tribunal Act 2013.' 'Whether the tenants had prospects of obtaining the substantive orders sought under ss 44, 45, 46, 65, 103, 109 and 187 of the Residential Tenancies Act 2010.' 'Whether the tenants were denied a reasonable opportunity to cross-examine the landlord.' 'How the rental bond should be paid out.']

Ratio Decidendi

The tenants became aware of the alleged odour-related breach at least by 23 July 2013 and filed their application on 13 December 2013, outside the 3 month period required by s 190 of the Residential Tenancies Act 2010 and reg 22(9). The Tribunal was not satisfied that the tenants gave an adequate explanation for the delay, that strict compliance would cause injustice, or that the compensation application had prospects of success. Time was therefore not extended under s 41 of the Civil and Administrative Tribunal Act 2013, and the compensation application was dismissed. The rental bond claim was in time, and because the tenants admitted owing two weeks rent of $1,020.00, the landlord was...

Court Disposition

Application for compensation dismissed; rental bond ordered to be paid partly to the landlord and partly to the tenants.

Orders

  • ['The Rental Bond service is to pay rental bond O864172-3 to the landlord Kylie Jackson in the amount of $1,020.00.' 'The Rental Bond service is to pay rental bond O864172-3 to the tenants Krystal Stocks and Grant Morehead in the amount of $1,020.00 plus interest due.' 'The application for compensation is dismissed.']