Nam v Zarb [2022] NSWCATCD 87

Nam v Zarb [2022] NSWCATCD 87

There was no statutory or contractual duty imposed on the tenant in respect of damage to common property, and the tenant did not fail to exercise reasonable care even if such a duty existed. Therefore, the tenant is not liable to compensate the landlord for the damage to the strata common property.

Parties
Applicant: Seung Yoon Nam; Respondent: Aaron Zarb; Respondent: Emma Deal
Jurisdiction
Australia
Judgment Date
15 June 2022
Procedural Posture
Residential Tenancy Dispute / Hearing and Decision
Outcome
Application dismissed
Legal Topics
Tenant Liability, Damage to Common Property, Residential Tenancies Act 2010 (nsw)
Tenancy Strata Law Tenant Liability Damage to Common Property Residential Tenancies Act 2010 (nsw)

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Parties

Seung Yoon Nam

Applicant

Aaron Zarb

Respondent

Emma Deal

Respondent

Procedural Posture

Residential Tenancy Dispute / Hearing and Decision

Legal Issues

  1. 1 Whether the tenant is liable for damage to strata common property under the Residential Tenancies Act 2010 (NSW) or the tenancy agreement
  2. 2 Whether the tenancy agreement or statute imposes a duty on the tenant in respect of common property damages

Ratio Decidendi

There was no statutory or contractual duty imposed on the tenant in respect of damage to common property, and the tenant did not fail to exercise reasonable care even if such a duty existed. Therefore, the tenant is not liable to compensate the landlord for the damage to the strata common property.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.