Yassine v Saeed; Saeed v Yassine [2022] NSWCATCD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yassine v Saeed; Saeed v Yassine [2022] NSWCATCD 78 Hearing dates: 14 March 2022 Date of orders: 11 May 2022 Decision date: 11 May 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: RT 21/39348 and RT 21/39349 (1) The applications are dismissed. RT 21/41277 (2) Billal Yassine must pay Tariq Saeed $951.00 immediately. Catchwords: LEASES AND TENANCIES: Residential Tenancies Act 2010 (NSW) – rights and obligations of landlords and tenants – tenant claim for compensation for landlord's breach of duty to maintain premises in a reasonable state of repair – landlords claim for water usage changes and for compensation for tenant's breach of duty leave premises reasonably clean and to leave the lawns and gardens in a condition similar to the start of the tenancy. LEASES AND TENANCIES: Residential Tenancies Act 2010 (NSW) – tenant's claim that rent was excessive having regard to the reduction or withdrawal, by the landlord of goods, services and facilities provided with the residential premises. Legislation Cited: Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Adoncello v Sazdanoff (Tenancy) [2006] NSWCTTT 577 Austin v Bonney [1999] QCA 8 Brigninshaw v Briginshaw (1938) 60 CLR 336 Cure v Bridge Housing Ltd [2014] NSWCATAP 80 Elhassen v Ayoub [2018] NSWCATAP 34 Eliezer v Residential Tribunal and Ors [2001] NSWSC 1092 Fitzpatrick v Wu NSWRT, 2001, (01/16425) Hadley v Baxendale [1954] EWHC J70l Lindsay v NSW Land and Housing Corporation [2016] NSWCATAP 128 Marcourt v Clark [2012] NSWCA 367 New South Wales v Watton [1998] NSWSC 589 Northern Sandblasting P/L v Harris (1997) 188 CLR 313 O'Brien v Twynam [2016] NSWCATAP 125 Roberts v Aboriginal Housing Office [2017] NSWCATAP 9 Sunray Investments P/l v Cruwys [1992] NSWRT 95 Westpac General Insurance v Cooper [2006] ACTSC 91 Westpac General Insurance v Cooper [2006] ACTSC 91 Texts Cited: Nil Category: Principal judgment Parties: RT 21/39348 Bill Yassine (Applicant) Tariq Saeed (Respondent)