Tancred v Millar Properties Pty Ltd [2016] NSWCATAP 222

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tancred v Millar Properties Pty Ltd [2016] NSWCATAP 222 Hearing dates: 26 September 2016 Date of orders: 06 October 2016 Decision date: 06 October 2016 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Fairlie, Senior Member Decision: (1) The time for filing the Notice of Appeal is extended to 8 July 2016; (2) Leave to appeal refused; and (3) The appeal is dismissed Catchwords: APPEAL – leave – clause 12 Schedule 4 Legislation Cited: Residential Tenancies Act, 2010 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Matthew Tancred (Appellant) Kellie Nagel (Appellant) Millar Properties Pty Ltd (Respondent) Representation: Appellant: Miss Nagel Respondent: Miss Soemardi File Number(s): AP 16/31799 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 16 June 2016 Before: K Holwell, General Member File Number(s): RT 15/54811

reasons for decision

Background 1. This is an appeal from a decision made in the Consumer and Commercial Division of the Tribunal on 16 June 2016. The Tribunal made an order that the appellants were to pay to the respondent the sum of $2,863.71 and the appellants appeal that order. 2. The dispute between the parties arose out of a residential tenancy agreement. We shall refer to the appellant's as the "tenants" and to the respondent as the "landlord". 3. The tenancy agreement came to an end on 20 August 2015 and the landlord then commenced proceedings against the tenants for compensation arising out of alleged damage to the property, the subject of the tenancy. 4. The decision which is the subject of this appeal (which we will refer to as "the Decision") records that the landlord made claims for compensation in respect of 53 items which were the subject of a report prepared by the landlord and headed "Schedule of Issues". The Decision found the tenants liable to the landlord for some items and not liable for other items. In respect of those items for which the Tribunal found the tenants liable the following summary is helpful in understanding the background to this appeal: Items Amount allowed by the Tribunal Cleaning (items 1, 2, 4, 5, 26, 38, 47 and 48) $84.00 Smoke alarm (items 3 and 35) $71.50 Replacement of blinds (items 16 and 49) $375.83 Painting (items 15, 17, 19, 25, 31, 33, 37, 40, 41 and 43 $606.21 Carpet replacement (items 11 and 32) $1,516.67 Replacing light bulbs $159.50 Repairs (items 6 and 7) $50.00 Total: $2,863.71