NSW Land & Housing Corporation v von Reisner [2006] NSWSC 1500

New South Wales Supreme Court

CITATION : NSW Land & Housing Corporation v von Reisner [2006] NSWSC 1500

HEARING DATE(S) : 3 November 2006 JURISDICTION : Equity Division Duty List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 11/03/2006

DECISION : Removal of loose asbestos dust is cleaning not maintenance, and landlord is not obliged to maintain cleanliness. In absence of likelihood of wiring being energised, repairs are not necessary. Landlord is therefore not entitled to enter premises. Summons dismissed. Orders in earlier proceedings set aside and proceedings dismissed as abuse of process.

CATCHWORDS : LANDLORD AND TENANT – Residential lease – statutory terms – landlord's right to enter to carry out necessary repairs and maintenance – landlord's obligation to provide premises in reasonable state of cleanliness and to provide and maintain premises in reasonable state of repair – where loose asbestos dust in premises – where defective unenergised electrical wiring – whether landlord entitled to enter to remove dust and repair wiring. - PROCEDURE – where orders made in earlier proceedings as sought in plaintiff's summons – where defendant endeavours to comply but plaintiff obstructs performance and no longer wishes orders to be operative – whether orders should be set aside – whether proceedings should be dismissed as abuse of process.

LEGISLATION CITED : Residential Tenancy Act 1987 (NSW), ss 24(1)(c); 25(1)(b) Uniform Civil Procedure Rules 2005 (NSW), rr 4.15, 36.15

PARTIES : NSW Land & Housing Corporation (plaintiff) Koidu von Reisner (defendant)

FILE NUMBER(S) : SC 5110/06

COUNSEL : Mr J B Turnbull (plaintiff) Ms von Reisner (in person) (defendant)