Molyneux v Cook [2019] NSWCATCD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Molyneux v Cook [2019] NSWCATCD 94 Hearing dates: 15 July 2019 Date of orders: 29 July 2019 Decision date: 29 July 2019 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Tribunal Member Decision: 1 The Tribunal orders that the tenants, Philippa Cook and Dean Cheek pay to the landlord, Amanda Molyneux: (1) Cost of resurfacing scratched timber floor for $2,161.50; and (2) Cost of Electricity supplied to the premises during the tenancy for $236.72; (3) In all other respects the landlord's claim is dismissed. Catchwords: LEASES AND TENANCIES — Residential tenancy — Compensation to landlord for damage to residential premises by tenants Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2001 (NSW) Cases Cited: Cook and Cheek v Molyneux [2018] NSWCATCCD Texts Cited: Nil Category: Principal judgment Parties: Amanda Molyneux (Applicant) Philippa Cook (First Respondent) Dean Cheek (Second Respondent) Representation: Applicant (Self-represented) First Respondent (Self-represented) Second Respondent (Self-represented) File Number(s): RT 19/20384 Publication restriction: Nil

REASONS FOR DECISION

APPLICATION 1. The applicant landlord seeks orders against the respondent tenants: 1. for the payment of an amount of money of $6141.37 (section 187(1) (c)) of the Residential Tenancy Act (the "Act"); 2. for the payment of compensation of $1500.00 (section 187(1) (d)) of the Act. 1. Throughout this judgment the applicant will be referred to as landlord and the respondents as the tenants. 2. The landlord appeared and represented herself at the hearing. After he had given evidence, the landlords life partner, Jason Leo Bates, sought and was granted leave to assist the landlord in the conduct of her case. 3. Respondent, Dean Cheek, appeared on his own behalf and was granted leave by the Tribunal to appear for respondent, Philippa Cook, whose authority was texted to him by Ms Cook at the commencement of the hearing.