Kostadinovic v Milder [2016] NSWCATAP 237

Kostadinovic v Milder [2016] NSWCATAP 237

The Tribunal at first instance made an error of law in ordering the tenant to pay for rubbish removal from the nature strip, as the nature strip was not part of the residential premises within the meaning of the legislation or the tenancy agreement. The primary decision was set aside and the original award for...

Source-derived case information.

Parties
Appellant: Sanela Kostadinovic; Respondent: Dan Milder
Jurisdiction
Australia
Judgment Date
08 November 2016
Procedural Posture
Appeal / Civil and Administrative Tribunal NSW Appeal Panel Decision
Outcome
Appeal allowed. Decision under appeal set aside and varied.
Legal Topics
Internal Appeal, Rubbish Removal, Cleaning Charges, Flea Treatment, Rental Arrears, Meaning of 'residential Premises', Admissibility of Evidence
Residential Tenancies Internal Appeal Rubbish Removal Cleaning Charges Flea Treatment Rental Arrears Meaning of 'residential Premises' Admissibility of Evidence

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Parties

Sanela Kostadinovic

Appellant

Dan Milder

Respondent

Procedural Posture

Appeal / Civil and Administrative Tribunal NSW Appeal Panel Decision

Legal Issues

  1. 1 Whether the member erred in law regarding the removal of rubbish from the nature strip and the definition of 'residential premises'.
  2. 2 Whether the decision not to admit the appellant's video evidence amounted to a miscarriage of justice or error of law.
  3. 3 Whether the findings on rental arrears, flea treatment, and cleaning charges are against the weight of evidence or unfair.

Ratio Decidendi

The Tribunal at first instance made an error of law in ordering the tenant to pay for rubbish removal from the nature strip, as the nature strip was not part of the residential premises within the meaning of the legislation or the tenancy agreement. The primary decision was set aside and the original award for rubbish removal was disallowed; the quantum owing was accordingly reduced.

Court Disposition

Appeal allowed. Decision under appeal set aside and varied.

Orders

  • The decision under appeal is set aside.
  • The tenant Ms Sanela Kostadinovic shall pay to Dan Milder the sum of $303.58 immediately.