Corcoran v Far [2017] NSWCATCD 40

Corcoran v Far [2017] NSWCATCD 40

The applicant proved payment of a $1,160.00 rental bond and the respondent failed to prove, with supporting evidence such as invoices, quotations, rent ledger, condition reports or photographs, any entitlement to retain the bond. The applicant did not prove a fixed term tenancy, an entitlement to exclusive use of the upstairs bathroom, breach of quiet enjoyment, deliberate interference with internet services, actionable property loss, or compensable non-economic loss. Although the respondent had not served a valid termination notice and no termination order had been made, the Tribunal declined to award compensation because the respondent acted reasonably and in good faith in response to...

Jurisdiction
Australia
Judgment Date
25 May 2017
Procedural Posture
Residential Tenancy Application by Sub Tenant Against Head Tenant for Rental Bond Refund and Compensation Under the Residential Tenancies Act 2010 NSW / Remitted Hearing After Appeal Panel Allowed the Appeal; Principal Judgment After Formal Hearing
Outcome
The applicant succeeded only on the rental bond refund claim; all compensation claims were dismissed.
Legal Topics
['shared Household Tenancy' 'sub Tenant and Head Tenant Dispute' 'rental Bond Refund' 'tribunal Monetary Jurisdiction' 'quiet Enjoyment' 'wrongful Eviction' 'non Economic Loss' 'reduction of Services and Facilities']
['residential Tenancy' 'consumer and Commercial Law' 'civil Procedure' 'civil Liability'] ['shared Household Tenancy' 'sub Tenant and Head Tenant Dispute' 'rental Bond Refund' 'tribunal Monetary Jurisdiction' 'quiet Enjoyment' 'wrongful Eviction' 'non Economic Loss' 'reduction of Services and Facilities']

Case Brief

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Procedural Posture

Residential Tenancy Application by Sub Tenant Against Head Tenant for Rental Bond Refund and Compensation Under the Residential Tenancies Act 2010 NSW / Remitted Hearing After Appeal Panel Allowed the Appeal; Principal Judgment After Formal Hearing

Legal Issues

  1. 1 ['Whether the tenancy was for a fixed term of four months ending on 23 July 2016' "Whether the tenancy included the facility of the upstairs bathroom for the applicant's own personal use" "Whether the respondent breached the residential tenancy agreement by disturbing the applicant's quiet enjoyment or interfering with his peace, comfort and privacy" 'Whether the applicant was responsible for serious damage to the premises during the tenancy' "Whether the circumstances of the applicant's departure on or about 30 May 2016 amounted to wrongful eviction by the respondent" 'Whether the respondent established an entitlement to retain the rental bond amount of $1,160.00 or any part of it' 'Whether the applicant established claims for economic or non-economic compensation for breach of quiet enjoyment, reduction or withdrawal of facility, or wrongful eviction' 'Whether cl 23 of the Residential Tenancies Regulation 2010 NSW permitted an order above $15,000.00 where the proceeding included a rental bond claim']

Ratio Decidendi

The applicant proved payment of a $1,160.00 rental bond and the respondent failed to prove, with supporting evidence such as invoices, quotations, rent ledger, condition reports or photographs, any entitlement to retain the bond. The applicant did not prove a fixed term tenancy, an entitlement to exclusive use of the upstairs bathroom, breach of quiet enjoyment, deliberate interference with internet services, actionable property loss, or compensable non-economic loss. Although the respondent had not served a valid termination notice and no termination order had been made, the Tribunal declined to award compensation because the respondent acted reasonably and in good faith in response to...

Court Disposition

The applicant succeeded only on the rental bond refund claim; all compensation claims were dismissed.

Orders

  • ['Pursuant to s 175 of the Residential Tenancies Act 2010 NSW, within fourteen days of the date of this order, the respondent is to pay to the applicant the sum of $1,160.00, being the rental bond amount paid by the applicant to the respondent on or about 24 March 2016.' "The applicant's claim for compensation under...