Di Liristi v Matautia Developments Pty Ltd (No 7) [2021] NSWSC 760

Di Liristi v Matautia Developments Pty Ltd (No 7) [2021] NSWSC 760

Plaintiff was liable for breach of residential tenancy agreement, including for bringing contaminated soil onto the land. The First Defendant was entitled to damages for unpaid rent and remediation, supported by evidence and expert estimates, and additional costs. Plaintiff's applications for adjournment, disqualification, stay, and re-opening were refused. The offer to settle did not affect liability for damages or costs.

Jurisdiction
Australia
Judgment Date
23 June 2021
Procedural Posture
Civil / Consequential Orders Following Prior Judgment
Outcome
Judgment for the First Defendant on cross-claim; Plaintiff's applications refused; Orders for costs and transfer to Tribunal for termination and possession.
Legal Topics
['damages' 'bias Application' 'adjournment' 'stay Application' 're Opening Hearing' 'termination of Tenancy']
['civil Procedure' 'land Law' 'residential Tenancy'] ['damages' 'bias Application' 'adjournment' 'stay Application' 're Opening Hearing' 'termination of Tenancy']

Case Brief

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Procedural Posture

Civil / Consequential Orders Following Prior Judgment

Legal Issues

  1. 1 ['Whether the judge should be disqualified for apprehended or actual bias' "Whether adjournment should be granted due to plaintiff's medical condition" 'Whether damages hearing should be deferred' 'Whether a stay should be granted to obtain legal advice' 'Whether the matter should be re-opened to tender further evidence on clean-up costs' 'Assessment and finalisation of damages' 'Liability for costs' 'Order for transfer for termination and possession']

Ratio Decidendi

Plaintiff was liable for breach of residential tenancy agreement, including for bringing contaminated soil onto the land. The First Defendant was entitled to damages for unpaid rent and remediation, supported by evidence and expert estimates, and additional costs. Plaintiff's applications for adjournment, disqualification, stay, and re-opening were refused. The offer to settle did not affect liability for damages or costs.

Court Disposition

Judgment for the First Defendant on cross-claim; Plaintiff's applications refused; Orders for costs and transfer to Tribunal for termination and possession.

Orders

  • ["Judgment for the First Defendant on the First Defendant's cross-claim against the plaintiff in the sum of $311,389.00." "Plaintiff to pay the Defendants' costs." 'Order that the proceedings be transferred to the Tribunal for the making of an order for termination of the residential tenancy agreement dated 7 June...