McCarry v Curtis [2023] NSWCATCD 182

McCarry v Curtis [2023] NSWCATCD 182

The Tribunal found the tenants liable for $616.00 for gardening as the garden was not returned in the same condition. Claims for flooring and painting were dismissed as the evidence showed the marks and scratches amounted only to fair wear and tear.

Jurisdiction
Australia
Judgment Date
10 November 2023
Procedural Posture
Tenancy Dispute / Final Decision
Outcome
Orders made partly in favour of the landlord: tenants to pay $616.00 for gardening; other claims dismissed.
Legal Topics
['rental Bond' 'end of Tenancy' 'compensation' 'fair Wear and Tear']
['tenancy' 'consumer and Commercial'] ['rental Bond' 'end of Tenancy' 'compensation' 'fair Wear and Tear']

Case Brief

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Procedural Posture

Tenancy Dispute / Final Decision

Legal Issues

  1. 1 ['Whether tenants returned the premises in the required condition under the Residential Tenancies Act 2010.' 'Whether tenants are liable for gardening, flooring, and painting costs claimed by the landlord.']

Ratio Decidendi

The Tribunal found the tenants liable for $616.00 for gardening as the garden was not returned in the same condition. Claims for flooring and painting were dismissed as the evidence showed the marks and scratches amounted only to fair wear and tear.

Court Disposition

Orders made partly in favour of the landlord: tenants to pay $616.00 for gardening; other claims dismissed.

Orders

  • ['The tenants, Cassandra Curtis and Mark Curtis, are to pay the landlord, Dean McCarry and Leeann Keech and Victoria McCarry the sum of $616.00 immediately.' 'The Rental Bond Services is directed to pay the landlord Dean McCarry and Leeann Keech and Victoria McCarry the sum of $616.00 from rental bond number...