Gu & Wang v Granger & Granger [2020] NSWCATAP 4

Gu & Wang v Granger & Granger [2020] NSWCATAP 4

The Appeal Panel found that there was no concluded agreement for a rent reduction; the finding by the Tribunal that an agreement was finalised was an error of law, as the evidence did not support such a conclusion. Therefore, full rent was payable for the relevant period, including two additional days. The finding concerning damages was upheld, as no error of law or basis for leave was established.

Jurisdiction
Australia
Judgment Date
10 January 2020
Procedural Posture
Appeal / Decision on Appeal
Outcome
Appeal upheld.
Legal Topics
['agreement to Reduce Rent' 'arrears of Rent' 'compensation for Damage' 'appeal on a Question of Law']
['landlord and Tenant' 'residential Tenancies'] ['agreement to Reduce Rent' 'arrears of Rent' 'compensation for Damage' 'appeal on a Question of Law']

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Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether there was an agreement between the parties for a rent reduction during sale campaign' 'Whether the Tribunal erred in calculation of period for which rent was due' 'Whether the tenants are liable for damages to walls and benchtop']

Ratio Decidendi

The Appeal Panel found that there was no concluded agreement for a rent reduction; the finding by the Tribunal that an agreement was finalised was an error of law, as the evidence did not support such a conclusion. Therefore, full rent was payable for the relevant period, including two additional days. The finding concerning damages was upheld, as no error of law or basis for leave was established.

Court Disposition

Appeal upheld.

Orders

  • ['The Respondents are to pay to the Appellants the sum of $1,906 within 14 days.' 'Otherwise the order made in RT19/28672 on 11th September 2019 is affirmed.']