Snounou v TMR Investments Group Pty Ltd [2023] NSWCATAP 289

Snounou v TMR Investments Group Pty Ltd [2023] NSWCATAP 289

The Tribunal did not err in accepting the quotation as evidence of a reasonable quantum for end of tenancy repairs in the absence of contrary evidence, and there was no legal error or miscarriage of justice justifying leave to appeal.

Source-derived case information.

Parties
First Appellant: Nader Snounou; Second Appellant: Tridium Enterprises Pty Ltd; Respondent: TMR Investments Group Pty Ltd
Jurisdiction
Australia
Judgment Date
31 October 2023
Procedural Posture
Appeal / Leave to Appeal and Appeal Decision
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
Admissibility of Evidence, Quantum of Damages, Compensation for Landlord, Break Fee, Obligations at End of Tenancy
Residential Tenancy Administrative Law Admissibility of Evidence Quantum of Damages Compensation for Landlord Break Fee Obligations at End of Tenancy

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Parties

Nader Snounou

First Appellant

Tridium Enterprises Pty Ltd

Second Appellant

TMR Investments Group Pty Ltd

Respondent

Procedural Posture

Appeal / Leave to Appeal and Appeal Decision

  1. 1 Whether the Tribunal wrongly allowed evidence of the quotation/invoice for end of tenancy charges
  2. 2 Whether the Tribunal wrongly ordered compensation for the landlord on termination of the tenancy

Ratio Decidendi

The Tribunal did not err in accepting the quotation as evidence of a reasonable quantum for end of tenancy repairs in the absence of contrary evidence, and there was no legal error or miscarriage of justice justifying leave to appeal.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • Leave to appeal refused.
  • Appeal dismissed.