Sayadi v Karimbla Properties (No 35) Pty Ltd [2023] NSWCATAP 298

Sayadi v Karimbla Properties (No 35) Pty Ltd [2023] NSWCATAP 298

The Tribunal erred by awarding only nominal damages; on the evidence of original acquisition price and youth/condition of the goods, and applying appropriate depreciation or estimation, the tenants were entitled to substantial damages as there was a rational basis for such an assessment. The storage cage was part of the residential premises and s 61(2) Residential Tenancies Act 2010 applied.

Parties
First Appellant: Amir Mahdi Sayadi; Second Appellant: Sanaz Sayadi; Third Appellant: Arash Parsa; Respondent: Karimbla Properties (No 35) Pty Ltd
Jurisdiction
Australia
Judgment Date
06 November 2023
Procedural Posture
Appeal / Orders on Appeal Following Rehearing, After Initial Tribunal Determination and Application for Leave
Outcome
Appeal allowed. Leave to appeal granted. Tribunal orders set aside and replaced.
Legal Topics
Wrongful Disposal of Goods, Damages Assessment, Compensation for Tenants, Application of S 61(2) Residential Tenancies Act 2010
Residential Tenancies Leases and Tenancies Tribunal Appeals Wrongful Disposal of Goods Damages Assessment Compensation for Tenants Application of S 61(2) Residential Tenancies Act 2010

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Parties

Amir Mahdi Sayadi

First Appellant

Sanaz Sayadi

Second Appellant

Arash Parsa

Third Appellant

Karimbla Properties (No 35) Pty Ltd

Respondent

Procedural Posture

Appeal / Orders on Appeal Following Rehearing, After Initial Tribunal Determination and Application for Leave

Legal Issues

  1. 1 Whether the Tribunal erred in awarding only nominal damages for the wrongful disposal of tenants' goods
  2. 2 Application of s 61(2) Residential Tenancies Act 2010 to a storage cage let as part of residential premises
  3. 3 Proper approach and evidential requirements for assessment of damages for wrongfully disposed goods

Ratio Decidendi

The Tribunal erred by awarding only nominal damages; on the evidence of original acquisition price and youth/condition of the goods, and applying appropriate depreciation or estimation, the tenants were entitled to substantial damages as there was a rational basis for such an assessment. The storage cage was part of the residential premises and s 61(2) Residential Tenancies Act 2010 applied.

Court Disposition

Appeal allowed. Leave to appeal granted. Tribunal orders set aside and replaced.

Orders

  • The name of the Respondent corrected to Karimbla Properties (No 35) Pty Ltd.
  • Leave to appeal granted.