McGinn v Barilla [2018] NSWCATAP 85

McGinn v Barilla [2018] NSWCATAP 85

The Tribunal has power under s 175 and s 187 of the Residential Tenancies Act 2010 to make orders regarding a rental bond even if the bond has not been lodged with the Rental Bond Board. The better order is for the landlord to return the bank cheque to the tenant, and for the tenant to pay the landlord the conceded cleaning sum. Leave to appeal on other grounds is refused; there was no procedural error or unfairness.

Parties
Appellant: Sophia McGinn; Respondent: Pasquale Barilla
Jurisdiction
Australia
Judgment Date
10 April 2018
Procedural Posture
Residential Tenancy Appeal / Appeal Decision
Outcome
appeal allowed in part; original order set aside; new orders substituted; remaining appeal dismissed; leave to appeal refused
Legal Topics
Return of Bond, Tribunal Jurisdiction, Payment of Rental Bond, Procedural Fairness
Landlord and Tenant Residential Tenancies Return of Bond Tribunal Jurisdiction Payment of Rental Bond Procedural Fairness

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Parties

Sophia McGinn

Appellant

Pasquale Barilla

Respondent

Procedural Posture

Residential Tenancy Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to make orders regarding a rental bond not lodged with the Rental Bond Board
  2. 2 Application of s 175 and s 187 of the Residential Tenancies Act 2010
  3. 3 Procedural fairness in making monetary orders absent evidence or cross-claim

Ratio Decidendi

The Tribunal has power under s 175 and s 187 of the Residential Tenancies Act 2010 to make orders regarding a rental bond even if the bond has not been lodged with the Rental Bond Board. The better order is for the landlord to return the bank cheque to the tenant, and for the tenant to pay the landlord the conceded cleaning sum. Leave to appeal on other grounds is refused; there was no procedural error or unfairness.

Court Disposition

appeal allowed in part; original order set aside; new orders substituted; remaining appeal dismissed; leave to appeal refused

Orders

  • The appellant is directed to return Commonwealth Bank of Australia cheque no 384541 dated 13 June 2014 to the respondent.
  • Upon receipt of the bank cheque, the respondent is to pay the appellant $250 within 7 days.