McCarry v Curtis [2023] NSWCATCD 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McCarry v Curtis [2023] NSWCATCD 182 Hearing dates: 10 November 2023 Date of orders: 10 November 2023 Decision date: 10 November 2023 Jurisdiction: Consumer and Commercial Division Before: P Zammit, General Member Decision: 1. The tenants, Cassandra Curtis and Mark Curtis, are to pay the landlord, Dean McCarry and Leeann Keech and Victoria McCarry the sum of $616.00 immediately. 2. The Rental Bond Services is directed to pay the landlord Dean McCarry and Leeann Keech and Victoria McCarry the sum of $616.00 from rental bond number T217157-2. Any amount received is to be credited against the money order. Any balance of the bond is to be paid to the tenants, Cassandra Curtis and Mark Curtis. Catchwords: End of tenancy charges – rental bond claim – fair wear and tear Legislation Cited: Residential Tenancies Act 2010 ss 51(3), 187(1)(d), 190 Cases Cited: Gordalski v Ward [2010] NSWCTTT 384 Green v Miller [2005] NSWCTTT 703 Raper v Sanderson [2009] NSWCTTT 385 Category: Principal judgment Parties: Applicants: Dean McCarry, Leeann Keech and Victoria McCarry Respondents: Cassandra Curtis and Mark Curtis Representation: Mr Riddell, Real Estate Agent (Applicant)

Respondents (Self-represented) File Number(s): 2023/00386038 (previously RT 23/31421) Publication restriction: Nil

REASONS FOR DECISION

BACKGROUND 1. This is an application filed by the landlords on 8 July 2023 seeking compensation, orders relating to the rental bond as well as a money order for monies exceeding the rental bond.