Al-Basry v Maharaj [2022] NSWCATCD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Al-Basry v Maharaj [2022] NSWCATCD 9 Hearing dates: 4 November 2021 and 29 November 2021 Date of orders: 7 February 2022 Decision date: 07 February 2022 Jurisdiction: Consumer and Commercial Division Before: B Shipp, Senior Member Decision: 1 The Tenant is to pay the Landlord $3041.67 on or before 10 March 2022. 2 The Rental Bond Services is to pay the full amount of Rental Bond No. T069713-2 to the Landlord in full. 3 The amount of the rental bond is to be credited against the amount ordered in Order 1. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) —Tenant claim for termination and compensation due to alleged asbestos contamination, and failure to disclose — No breach found — Landlord claim for break lease, occupation fee and compensation — Landlord partially successful Legislation Cited: Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Bhandari v Laming [2015] NSWCATAP 224 Keith Bannister v David and Mariam Cheung [2014] NSWCATCD 105 Summers v Salford Corporation [1943] AC 283 Gray v Queensland Housing Commission [2004] QSC 276 Hampel v South Australian Housing Trust [2007] SADC 64 McLeish v FT Eastment & Sons Pty Limited [1970] 2 NSWR 282 De Solei v Palmhide Pty Limited [2010] NSWCTTT 464 Abdel-Messih v Marshall [2017] NSWCATAP 136 Texts Cited: Residential Tenancies Law and Practice New South Wales, 6th Edition by Allan Anforth, Peter Christenson and Sophie Bentwood Category: Principal judgment Parties: Zaynab Al-Basry (First Applicant) Mohammed Al-Basry (Second Applicant) Krishneel Maharaj (Respondent) Representation: Applicants (Self-represented) R Morris (Respondent) File Number(s): RT 21/37944 RT 21/39622 Publication restriction: Nil