Jordan v Audet [2016] NSWCATAP 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jordan v Audet [2016] NSWCATAP 22 Hearing dates: 20 November 2015 Date of orders: 19 January 2016 Decision date: 19 January 2016 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member Ms T Simon, Senior Member Decision: Leave to appeal is refused and the appeal is otherwise dismissed. The Registrar is directed not to publish these reasons on the internet until 5 days after the parties have been provided with them. Catchwords: Administrative law – Civil and Administrative Tribunal – request for leave – against the weight of evidence – not fair and equitable – leave not granted – non-publication application not granted Legislation Cited: Administrative Appeals Tribunal Act (Cth) Civil and Administrative Tribunal Act 2013 (NSW)

Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Rinehart v Welker [2011] NSWCA 403 Texts Cited: Nil Category: Principal judgment Parties: Adam Jordan (Appellant) Claire Audet (Respondent) File Number(s): AP 15/51963 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal of NSW Jurisdiction: Consumer and Commercial Division Date of Decision: 1 September 2015 File Number(s): RT 15/32060

REASONS FOR DECISION

Introduction 1. The applicant, Adam Jordan, is the registered proprietor of residential tenancy premises at Neutral Bay which, between May 2014 and July 2015 were occupied by the tenant, the respondent Claire Audet. On 11 September 2015, the Tribunal found that the landlord had failed to provide the residential premises in a reasonable state of cleanliness, contrary to s 52(1) of the Residential Tenancies Act ("the Act"), but that the tenant did not cause that breach of the obligation. In the result, the Tribunal ordered damages for damaged property, clothing and footwear in the sum of $11,519. 2. On the grounds set out below, the applicant seeks leave to appeal. For the reasons which follow, we would not grant leave and we would otherwise dismiss the appeal. 3. The Act relevantly provides as follows: 1. The tenant must keep the residential premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy: s 51(2)(a); 2. The landlord must provide the residential premises in a reasonable state of cleanliness: s 52(1); and 3. The landlord is "not in breach of the obligation to provide and maintain the residential premises in a reasonable state of repair if the state of disrepair is caused by the tenant's breach of this part".