Ajayan v Zhu [2022] NSWCATCD 34
The Tribunal found no evidence that the applicant intentionally or negligently caused the water damage; reasonable steps were taken given the design of the vanity. Therefore, the applicant is not liable for the damage and is entitled to the balance of the rental bond.
- Jurisdiction
- Australia
- Judgment Date
- 29 March 2022
- Procedural Posture
- Application Residential Tenancy Dispute / Decision After Hearing
- Outcome
- Orders made for release of rental bond: $1,005 to the respondent/landlord as agreed by parties; $595 balance to the applicant/tenant.
- Legal Topics
- ['rental Bond' 'residential Tenancy Agreement' 'tenant Obligations' 'damage to Premises' 'tribunal Powers']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application Residential Tenancy Dispute / Decision After Hearing
Legal Issues
- 1 ['Whether the applicant is liable for damage to the bathroom vanity' 'Entitlement to the disputed portion of the rental bond']
Ratio Decidendi
The Tribunal found no evidence that the applicant intentionally or negligently caused the water damage; reasonable steps were taken given the design of the vanity. Therefore, the applicant is not liable for the damage and is entitled to the balance of the rental bond.
Court Disposition
Orders made for release of rental bond: $1,005 to the respondent/landlord as agreed by parties; $595 balance to the applicant/tenant.
Orders
- ['The Tribunal directs the Rental Bond Board to pay $1,005 from rental bond No. S918568-8 to the respondent/landlord.' 'The Tribunal directs the Rental Bond Board to pay the balance of the rental bond of $595 to the applicant/tenant.']
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