Molyneux v Cook [2019] NSWCATCD 94

Molyneux v Cook [2019] NSWCATCD 94

The tenants are liable for the cost of repairing damage to the timber floor and for electricity cost as claimed; other claims including for cleaning, gate repair, loss of use, and legal costs are dismissed due to lack of sufficient evidence or legal entitlement.

Jurisdiction
Australia
Judgment Date
29 July 2019
Procedural Posture
Application for Compensation by Landlord / Final Determination
Outcome
Orders in part for landlord with majority of claims dismissed.
Legal Topics
['residential Tenancy' 'landlord and Tenant Compensation' 'damage to Premises' 'condition Reports' 'tribunal Jurisdiction']
['tenancy' 'consumer and Commercial'] ['residential Tenancy' 'landlord and Tenant Compensation' 'damage to Premises' 'condition Reports' 'tribunal Jurisdiction']

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Procedural Posture

Application for Compensation by Landlord / Final Determination

Legal Issues

  1. 1 ['Whether tenants are liable for cost of resurfacing scratched timber floor' 'Whether tenants are liable for electricity charges during tenancy' 'Whether tenants are liable for cleaning, repairs to gate, and other claimed losses' 'Whether the landlord can recover legal costs']

Ratio Decidendi

The tenants are liable for the cost of repairing damage to the timber floor and for electricity cost as claimed; other claims including for cleaning, gate repair, loss of use, and legal costs are dismissed due to lack of sufficient evidence or legal entitlement.

Court Disposition

Orders in part for landlord with majority of claims dismissed.

Orders

  • ['Tenants Philippa Cook and Dean Cheek to pay landlord Amanda Molyneux $2,161.50 for resurfacing scratched timber floor.' 'Tenants to pay landlord $236.72 for cost of electricity supplied to premises during tenancy.' "In all other respects the landlord's claim is dismissed."]