Skatulski v Daraya Holdings Pty Ltd [2021] NSWCATAP 134

Skatulski v Daraya Holdings Pty Ltd [2021] NSWCATAP 134

The appellants failed to establish error in the Tribunal’s reasoning or show a miscarriage of justice required for leave to appeal; evidence was insufficient to support compensation for shoe damage or rent reduction for non-functioning door lock and Tribunal properly exercised its discretion.

Parties
First Appellant: Mikolaj Skatulski; Second Appellant: Izabela Skatulski; Respondent: Daraya Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
14 May 2021
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Repairs, Damage, Rent Reduction, Excessive Rent, Reduction of Services or Facilities, Exercise of Discretion
Tenancy Residential Tenancy Repairs Damage Rent Reduction Excessive Rent Reduction of Services or Facilities Exercise of Discretion

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Parties

Mikolaj Skatulski

First Appellant

Izabela Skatulski

Second Appellant

Daraya Holdings Pty Ltd

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether compensation should be awarded for mould damage to shoes
  2. 2 Whether rent reduction should be awarded for non-functioning bathroom door lock
  3. 3 Whether Tribunal erred in its reasoning or exercise of discretion

Ratio Decidendi

The appellants failed to establish error in the Tribunal’s reasoning or show a miscarriage of justice required for leave to appeal; evidence was insufficient to support compensation for shoe damage or rent reduction for non-functioning door lock and Tribunal properly exercised its discretion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed