Thomas v Slade [2023] NSWCATAP 56

Thomas v Slade [2023] NSWCATAP 56

The Appeal Panel held that the Tribunal gave proper consideration to the evidence, including the ingoing condition report and cleaning letter; the landlord did not discharge the onus of proving the state of premises at tenancy end warranted the cleaning claim. There was no substantial miscarriage of justice, nor was the decision against the weight of evidence or procedurally unfair. Leave to appeal was refused, and the appeal was dismissed.

Parties
Appellant: Karen Thomas; First Respondent: Robert Slade; Second Respondent: Tina Slade; Third Respondent: Ellie Slade; Fourth Respondent: Jake Lennard
Jurisdiction
Australia
Judgment Date
28 February 2023
Procedural Posture
Appeal / Application for Leave to Appeal and Merits Determination at Appeal Tribunal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
Residential Tenancies, Appeal Requirements, Condition Reports, Procedural Fairness, Bond Claims
Tenancy Property Law Civil Procedure Residential Tenancies Appeal Requirements Condition Reports Procedural Fairness Bond Claims

Case Brief

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Parties

Karen Thomas

Appellant

Robert Slade

First Respondent

Tina Slade

Second Respondent

Ellie Slade

Third Respondent

Jake Lennard

Fourth Respondent

Procedural Posture

Appeal / Application for Leave to Appeal and Merits Determination at Appeal Tribunal

Legal Issues

  1. 1 Whether the Tribunal erred in refusing to award cleaning costs to the landlord at end of residential tenancy
  2. 2 Whether the Tribunal's decision was against the weight of evidence
  3. 3 Whether the Tribunal's decision was not fair and equitable

Ratio Decidendi

The Appeal Panel held that the Tribunal gave proper consideration to the evidence, including the ingoing condition report and cleaning letter; the landlord did not discharge the onus of proving the state of premises at tenancy end warranted the cleaning claim. There was no substantial miscarriage of justice, nor was the decision against the weight of evidence or procedurally unfair. Leave to appeal was refused, and the appeal was dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • Leave to appeal refused.
  • Appeal dismissed.