Lewis v Matuck [2021] NSWCATAP 214

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lewis v Matuck [2021] NSWCATAP 214 Hearing dates: 2 July 2021 Date of orders: 14 July 2021 Decision date: 14 July 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member S Goodman SC, Senior Member Decision: (1) Appeal upheld in part. (2) Order 1 made by the Tribunal on 28 April 2021 is confirmed. (3) Order 2 made by the Tribunal on 28 April 2021 is varied to substitute the sum of $125 for the sum of $1,500. (4) Orders 3 and 4 made by the Tribunal on 28 April 2021 are confirmed. (5) If any party desires to make an application for costs of the appeal: (a) that party is to so inform the other party within 14 days of the date of these reasons; (b) the applicant for costs is to lodge with the Appeal Panel and serve on the respondent to the costs application any written submissions of no more than five pages on or before 14 days from the date of these reasons; (c) the respondent to any costs application is to lodge with the Appeal Panel and serve on the applicant for costs any written submissions of no more than five pages on or before 28 days from the date of these reasons; (d) any reply submissions limited to three pages are to be lodged with the Appeal Panel and served on the other party within 35 days of the date of these reasons; (e) the parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, include submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. 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 damage – no question of principle INSURANCE - subrogation - insured and uninsured losses – partial indemnity by the insurer provides no defence to the wrongdoer Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b), Sch 4 cl 12 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Nufarm Australia Ltd v Dow AgroSciences Australia Ltd (No 2) [2011] FCA 757; 282 ALR 24 Texts Cited: Derrington and Ashton, The Law of Liability Insurance, 3rd ed, LexisNexis Butterworths, Australia, 2013 at [13-278] Category: Principal judgment Parties: Angela Lewis (Appellant) Bernardo Matuck (Respondent) Representation: Appellant (Self Represented) Respondent (Self Represented) File Number(s): 2021/00132777 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 28 April 2021 Before: P French, General Member File Number(s): RT 20/38861; RT 20/49213