Afluk v The New South Wales Land and Housing Corporation [2024] NSWDC 521

District Court New South Wales

Medium Neutral Citation: Afluk v The New South Wales Land and Housing Corporation [2024] NSWDC 521 Hearing dates: 4 July 2024 Date of orders: 12 November 2024 Decision date: 12 November 2024 Jurisdiction: Civil Before: Cole DCJ Decision: (1) The plaintiff's claim is dismissed. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Repairs – Landlord alleges premises damaged by fire as a result of negligent acts of subtenant for which the tenant is vicariously liable – Landlord seeks damages for cost of repairs to premises – whether the tenant has a contractual or statutory obligation to repair or to pay for repairs – whether the fire was the result of negligence Legislation Cited: Civil Liability Act 2005 (NSW) Housing Act 2001 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Bill 2010 (NSW) Cases Cited: CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; (1997) 187 CLR 384 Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55 Cooper, Cooper and Morgan v Westpac General Insurance Limited (ACN 003 719 319) [2007] ACTCA 20 Project Blue Sky In v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362 Vincentia MC Pharmacy Pty Ltd v Australian Community Pharmacy Authority [2020] FCAFC 163; (2020) FCR 397 Category: Principal judgment Parties: Natiq Bardan Afluk trading as Natiq Bardan Afluk (Plaintiff) The New South Wales Land and Housing Corporation (Defendant) Representation: Counsel: Mr D Allen (Plaintiff) Mr D Elliott (Defendant)