St George Community Housing Limited v Dali [2023] NSWCATCD 130

St George Community Housing Limited v Dali [2023] NSWCATCD 130

The landlord failed to discharge the onus to prove the statutory precondition that the tenant acted intentionally or recklessly under s 90(1)(a) of the Residential Tenancies Act 2010, given the unchallenged medical evidence established the tenant was in a psychotic state and not able to form the requisite intention or awareness at the time of the incident. Application for termination must therefore be dismissed.

Jurisdiction
Australia
Judgment Date
25 September 2023
Procedural Posture
Application for Order for Termination and Possession of Residential Premises / Decision on Application After Hearing
Outcome
Application dismissed
Legal Topics
['termination of Tenancy' 'serious Damage' 'mental Illness and Capacity' 'residential Tenancies Act 2010 (nsw)' 'tribunal Discretion' 'undue Hardship']
['tenancy Law' 'administrative Law'] ['termination of Tenancy' 'serious Damage' 'mental Illness and Capacity' 'residential Tenancies Act 2010 (nsw)' 'tribunal Discretion' 'undue Hardship']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Order for Termination and Possession of Residential Premises / Decision on Application After Hearing

Legal Issues

  1. 1 ['Whether the tenant intentionally or recklessly caused or permitted serious damage to the premises under s 90(1)(a) of the Residential Tenancies Act 2010' 'Whether the statutory conditions for termination are met when tenant acted while suffering from mental illness/psychosis' 'Whether serious damage was caused as required by the Act' 'Whether a termination order should be made having regard to discretion, hardship, and exceptional circumstances']

Ratio Decidendi

The landlord failed to discharge the onus to prove the statutory precondition that the tenant acted intentionally or recklessly under s 90(1)(a) of the Residential Tenancies Act 2010, given the unchallenged medical evidence established the tenant was in a psychotic state and not able to form the requisite intention or awareness at the time of the incident. Application for termination must therefore be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']