Phillips v Le and Wanlin Holdings Pty Limited [2019] NSWCATCD 87

Phillips v Le and Wanlin Holdings Pty Limited [2019] NSWCATCD 87

The Tribunal held that the Applicants failed to prove on the balance of probabilities that the premises were not reasonably clean or fit for habitation at the tenancy's commencement; that no statutory safety or health obligation was breached; that claims were either out of time or not substantiated by admissible evidence; and that the Tribunal lacked jurisdiction to grant compensation for alleged agent misconduct. Consequently, none of the relief sought could be awarded.

Parties
Applicant: Katrina Phillips; Applicant: Mark Phillips; Respondent: Yen Hsiao Lu; Respondent: Wanlin Holdings Pty Limited
Jurisdiction
Australia
Judgment Date
15 July 2019
Procedural Posture
Residential Tenancy Dispute / Final Determination
Outcome
Application dismissed
Legal Topics
Residential Tenancies, Fitness for Habitation, Compensation Claims, Agent Conduct, Rent Abatement, Interest on Bonds
Tenancy Law Residential Tenancies Fitness for Habitation Compensation Claims Agent Conduct Rent Abatement Interest on Bonds

Case Brief

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Parties

Katrina Phillips

Applicant

Mark Phillips

Applicant

Yen Hsiao Lu

Respondent

Wanlin Holdings Pty Limited

Respondent

Procedural Posture

Residential Tenancy Dispute / Final Determination

Legal Issues

  1. 1 Whether the premises were provided in a reasonable state of cleanliness and fit for habitation under s.52(1) Residential Tenancies Act 2010 (NSW)
  2. 2 Whether statutory obligations relating to health or safety were breached under s.52(3) Residential Tenancies Act 2010 (NSW)
  3. 3 Whether compensation, rent abatement or ancillary orders should be made under sections 44, 45, 187, 188 of the Act

Ratio Decidendi

The Tribunal held that the Applicants failed to prove on the balance of probabilities that the premises were not reasonably clean or fit for habitation at the tenancy's commencement; that no statutory safety or health obligation was breached; that claims were either out of time or not substantiated by admissible evidence; and that the Tribunal lacked jurisdiction to grant compensation for alleged agent misconduct. Consequently, none of the relief sought could be awarded.

Court Disposition

Application dismissed

Orders

  • The whole of the application in proceedings RT19/16911 is dismissed because the Tribunal is not satisfied at the civil standard of proof (being the balance of probabilities) that grounds exist for the orders sought to be made.