Nam v Zarb [2022] NSWCATCD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nam v Zarb [2022] NSWCATCD 87 Hearing dates: 25 March 2022 Date of orders: 15 June 2022 Decision date: 15 June 2022 Jurisdiction: Consumer and Commercial Division Before: D Moujalli, Senior Member Decision: The application is dismissed. Catchwords: LEASES AND TENANCIES – Where residential premises are part of strata premises - Tenant's obligation in relation to common property of strata premises Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Curtis v Potter & Co Pty Ltd t/as The Africa Safari Co [2016] NSWCATAP 196 Texts Cited: Nil Category: Principal judgment Parties: Seung Yoon Nam (Applicant) Aaron Zarb and Emma Deal (Respondents) Representation: M Roberts (Agent) (Applicant) Self-represented (Respondents) File Number(s): RT 22/04477 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. On 2 February 2022 the applicant, as landlord of residential premises (the Landlord), lodged an application with the Tribunal against the respondents as the tenants of the premises (the Application). The applicant seeks an order for the payment of money or compensation under s 187(1)(c) or s 187(1)(d) respectively of the Residential Tenancies Act 2010 (NSW) (RTA) on the basis that one of the respondents, namely Mr Zarb (the Tenant), caused damage to the common property of the strata premises in which the residential premises are located. 2. At the hearing on 25 March 2022, the Landlord was represented by a property manager and the Tenant appeared in person. 3. The hearing proceeded by telephone. At the hearing each party was given an opportunity to present their evidence, ask questions of the other party and make submissions. 4. The parties participated in the hearing in a respectful manner and the Tribunal is grateful for their assistance and co-operation in the conduct of the hearing.