Patricia Panico v Carolyn Crompton and Rodney Jennings [2015] NSWCATAP 110

Patricia Panico v Carolyn Crompton and Rodney Jennings [2015] NSWCATAP 110

Leave to appeal was refused and the appeal dismissed as the evidence before the Tribunal provided a proper basis for the conclusion that the damage to the front door and surrounds was not caused by the tenants' actions, but by age and water damage, and no substantial miscarriage of justice was demonstrated.

Parties
Appellant: Patricia Panico; Respondent: Carolyn Crompton; Respondent: Rodney Jennings
Jurisdiction
Australia
Judgment Date
17 June 2015
Procedural Posture
Appeal / Leave to Appeal and Final Appeal Disposition
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
Landlord's Repair Obligations, Tenant's Liability for Repairs, Fair Wear and Tear, Leave to Appeal

Case Brief

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Parties

Patricia Panico

Appellant

Carolyn Crompton

Respondent

Rodney Jennings

Respondent

Procedural Posture

Appeal / Leave to Appeal and Final Appeal Disposition

  1. 1 Whether the Tribunal erred in declining to award compensation to the landlord for repairs to the front door and its surrounds
  2. 2 Whether leave to appeal should be granted due to a substantial miscarriage of justice

Ratio Decidendi

Leave to appeal was refused and the appeal dismissed as the evidence before the Tribunal provided a proper basis for the conclusion that the damage to the front door and surrounds was not caused by the tenants' actions, but by age and water damage, and no substantial miscarriage of justice was demonstrated.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • Leave to appeal is refused.
  • The appeal is otherwise dismissed.