Bakeer v Hariri; Hariri v Bakeer [2021] NSWCATAP 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bakeer v Hariri; Hariri v Bakeer [2021] NSWCATAP 196 Hearing dates: 15 June 2021 Date of orders: 29 June 2021 Decision date: 29 June 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member S Goodman SC, Senior Member Decision: We make the following orders in both appeals: 1. Appeal upheld. 2. Order 1 made by the Tribunal on 3 March 2021 is varied to substitute the sum of $5,278.00 for the sum of $7,278.00 referred to in that Order. 3. Order 2 made by the Tribunal on 3 March 2021 is confirmed. In the Landlord's appeal proceedings 2021/00091560 we make one additional order: 1. Time to file the Notice of Appeal is extended up to and including 6 April 2021. Catchwords: LEASES AND TENANCIES – obligation to leave the residential premises as nearly as possible in the same condition, fair wear and tear excepted as existed at the commencement of the tenancy - obligation to leave the residential premises in a reasonable state of cleanliness - damage to premises – lack of evidence of cause of damage – overlooking of evidence as to cleanliness – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b), Sch 4 cl 12 Residential Tenancies Act 2010 (NSW), ss 51(3)(b), 51(3)(c) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Texts Cited: Nil Category: Principal judgment Parties: Proceedings 2021/00075358: Sereen Bakeer (First Appellant) Mohammad Amro (Second Appellant) Ali Hariri (Respondent)