Marsters v Graham [2016] NSWCATCD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marsters v Graham [2016] NSWCATCD 73 Hearing dates: 8 August 2016 Decision date: 14 September 2016 Jurisdiction: Consumer and Commercial Division Before: C R Xuereb, General Member Decision: The respondent must pay $7,822.21 to the applicants on or before 23 September 2016. Catchwords: Residential tenancy dispute, residential premises fit for habitation, nature of obligation, events outside control of the landlord, whether breach, mitigation of loss Legislation Cited: Residential Tenancies Act 2010 Cases Cited: Bhandari v Laming [2015] NSWCATAP 224 Category: Principal judgment Parties: Shane Marsters and Amanda Marsters – Applicants Peter Graham - Respondent Representation: Amanda Marsters in person for Applicants Warren Gibson and Simon Saadeh for Respondent File Number(s): RT 16/20581 Publication restriction: Nil

REASONS FOR DECISION

APPLICATION 1. 1 The applicants seek an order for compensation under section 187(1)(d) of the Residential Tenancies Act 2010 (the Act). 2. 2 The orders sought are to compensate the applicants for damage caused to the applicants' belongings when the premises they were occupying as tenants of the respondent were inundated with water during a storm which occurred on 30 January 2016.

JURISDICTION 1. The dispute between the applicant and the respondents arises from their relationship as landlord and tenants under a Residential Tenancy Agreement governed by the Residential Tenancies Act 2010. Part 9 of the Residential Tenancies Act confers jurisdiction on the Tribunal to hear and determine disputes.