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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the Tribunal wrongly allowed evidence of the quotation/invoice for end of tenancy charges
- 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.
Full Case Text
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