Pursell v Eversham Close Pty Ltd [2020] NSWDC 372

Pursell v Eversham Close Pty Ltd [2020] NSWDC 372

The Defendant breached the obligation to keep the residential premises in a reasonable state of repair, as required by clause 18.3 of the lease and under the Residential Tenancies Act 2010 (NSW), by failing to take sufficient and reasonable steps to expedite repairs of water ingress and related defects affecting the premises. This included not escalating action via available legal mechanisms (such as application to the Tribunal under the Strata Schemes Management Act 1996) when it became reasonable to do so, leading to significant periods where parts of the property were not reasonably usable by the Plaintiff. As a result, compensatory damages were awarded to the Plaintiff reflecting the...

Jurisdiction
Australia
Judgment Date
13 February 2020
Procedural Posture
Civil / Principal Judgment After Trial
Outcome
Judgment for the Plaintiff
Legal Topics
['strata Title' 'leasehold Strata Scheme' 'common Property Maintenance and Repair' "landlord's Obligations" "tenant's Rights" 'water Damage' 'breach of Lease' 'reasonable State of Repair' 'remedies for Breach' 'abatement and Damages']
['leases and Tenancies' 'strata Law' 'residential Tenancy'] ['strata Title' 'leasehold Strata Scheme' 'common Property Maintenance and Repair' "landlord's Obligations" "tenant's Rights" 'water Damage' 'breach of Lease' 'reasonable State of Repair' 'remedies for Breach' 'abatement and Damages']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Principal Judgment After Trial

Legal Issues

  1. 1 ['Whether the landlord (Defendant) breached the obligation to keep the residential premises in reasonable state of repair (clause 18.3 of the lease) in light of continuing water ingress and property defects affecting tenancy;' 'Whether the Defendant was required to take further legal steps, such as applying to the Tribunal under s 140 of the Strata Schemes Management Act 1996 (NSW), to force Owners Corporation to undertake repairs;' 'Whether and what measure of compensatory damages is due to the Plaintiff for loss of enjoyment/useability of the premises, including calculation based on rent due to defects']

Ratio Decidendi

The Defendant breached the obligation to keep the residential premises in a reasonable state of repair, as required by clause 18.3 of the lease and under the Residential Tenancies Act 2010 (NSW), by failing to take sufficient and reasonable steps to expedite repairs of water ingress and related defects affecting the premises. This included not escalating action via available legal mechanisms (such as application to the Tribunal under the Strata Schemes Management Act 1996) when it became reasonable to do so, leading to significant periods where parts of the property were not reasonably usable by the Plaintiff. As a result, compensatory damages were awarded to the Plaintiff reflecting the...

Court Disposition

Judgment for the Plaintiff

Orders

  • ['Parties to confer and file proposed final orders (including as to costs and any interest) within fourteen days; failing agreement, the matter to be relisted for determination of final orders.' 'Compensatory damages payable by Defendant to Plaintiff in the sum of $11,900.']