James v Stuart [2022] NSWCATCD 35

James v Stuart [2022] NSWCATCD 35

The Tribunal found, based on evidence and photographs, that any damage alleged by respondents was either pre-existing or the result of fair wear and tear, and that the premises were left in a reasonable state of cleanliness. The applicant was not liable to the respondents for any rectification costs. Accordingly, the Tribunal directed the Rental Bond Board to pay the whole rental bond to the applicant.

Parties
Applicant: Orlaith James; Respondent: Michael Stuart; Respondent: Dena Murdoch
Jurisdiction
Australia
Judgment Date
29 March 2022
Procedural Posture
Application for Rental Bond Payment / Final Determination
Outcome
Application granted
Legal Topics
Lease, Tenant's Obligation Not to Damage Premises, Fair Wear and Tear, Tenant's Obligation to Leave Premises in Reasonable State of Cleanliness, Rental Bond
Tenant/landlord Lease Tenant's Obligation Not to Damage Premises Fair Wear and Tear Tenant's Obligation to Leave Premises in Reasonable State of Cleanliness Rental Bond

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Orlaith James

Applicant

Michael Stuart

Respondent

Dena Murdoch

Respondent

Procedural Posture

Application for Rental Bond Payment / Final Determination

Legal Issues

  1. 1 Whether tenant caused damage to floor boards and kitchen bench top
  2. 2 Whether premises were left in reasonable state of cleanliness
  3. 3 Liability for payment or release of rental bond

Ratio Decidendi

The Tribunal found, based on evidence and photographs, that any damage alleged by respondents was either pre-existing or the result of fair wear and tear, and that the premises were left in a reasonable state of cleanliness. The applicant was not liable to the respondents for any rectification costs. Accordingly, the Tribunal directed the Rental Bond Board to pay the whole rental bond to the applicant.

Court Disposition

Application granted

Orders

  • The Tribunal directs the Rental Bond Board to pay the whole of rental bond No. B009964-9 to the applicant/tenant.