Fok v Thompson [2022] NSWCATCD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fok v Thompson [2022] NSWCATCD 72 Hearing dates: 23 March 2022 Date of orders: 06 April 2022 Decision date: 06 April 2022 Jurisdiction: Consumer and Commercial Division Before: G A Kinsey, General Member Decision: The Tribunal orders that: (1) The Respondent Michael Thompson is to pay the Applicants Edwin Fok and Ellen Fok the sum of $2231.40 on or before19 April 2022; (2) Rental Bond Services is directed to pay the Applicants Edwin Fok and Ellen Fok the whole of rental bond no S954610-3. Any amount received is to be credited against the money order. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 – Jurisdiction-whether parties residents of different states when application made – Requirements for payment of water usage charges –Landlord's claim for compensation for damage to premises – Rights and obligations of landlords and tenants – Bonus on Landlord to prove claim against rental bond Legislation Cited: Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Almaty v Jones [2020] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Edwin Fok (First Applicant) Ellen Fok (Second Applicant) Michael Thompson (Respondent) Representation: First and Second Applicant (Self-represented) VERTO (Respondent) File Number(s): RT22/02786 Publication restriction: Nil

REASONS FOR DECISION

THE PARTIES 1. The Applicants are the owners and landlords of residential premises situated at XXX Borella Road East Albury in New South Wales ("the residential premises"). For the sake of convenience the Applicants shall hereinafter be referred to as "the Landlords". The Landlords represented themselves at the hearing. 2. The Respondent was the tenant of the residential premises. For the sake of convenience the Respondent shall hereinafter be referred to as "the Tenant". The Tenant was represented by a tenant's advocate Melanie Sanford from Verto.