Semaan v McIlroy;; McIlroy v Semaan [2017] NSWCATAP 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Semaan v McIlroy;; McIlroy v Semaan [2017] NSWCATAP 146 Hearing dates: 6 February 2017 Date of orders: 11 July 2017 Decision date: 11 July 2017 Jurisdiction: Appeal Panel Before: M Craig QC, Principal Member S Thode, Senior Member Decision: Semaan v McIlroy (AP 16/47917)

1) Leave to appeal refused. 2) Appeal dismissed. 3) Confirm the decision in proceedings RT 16/29620 so far as it orders that Mofreh Semaan is to pay Nicholas Matthew McIlroy the sum of $1,400 forthwith.

McIlroy v Semaan (AP 16/49822)

1) Extend time for appeal to 14 November 2016. 2) Appeal upheld in part. 3) Set aside so much of the decision in proceedings RT 16/29620 as determined that Nicholas Matthew McIlroy was not entitled to an order for the payment to him of electricity charges totalling $1,315.51 nor entitled to an order for refund to him of overpaid rent in the sum of $2,320. 4) Order that Mofreh Semaan pay to Nicholas Matthew McIlroy the sum of $3,635.51, in addition to payment of $1,400 ordered to be paid in proceedings RT 16/29620 on 12 October 2016, making the total sum to be so paid as $5,035.51. 5) Otherwise appeal dismissed. 6) To the extent required, leave to appeal refused. Catchwords: RESIDENTIAL TENANCY – rental bond – landlord's failure to adduce evidence of post tenancy cleaning cost – no entitlement to claim against the rental bond – use of electricity supplied to rental premises by landlord – no request for refund – claim by tenant upheld – entitlement to compensation – overpayment of rent – no written notice to tenant of rental increase – tenant entitled to refund as money had and received – Residential Tenancies Act 2010 ss 38, 41, 43, 47 and 187 Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 Uniform Civil Procedure Rule 2005 Cases Cited: Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 CG Constructions Pty Limited v Hanson Construction Materials Pty Limited [2017] NSWCATAP 130 Collins v Urban [2014] NSWCATAP 17 Knight v Oztrack Pty Limited [2015] NSWCATAP 119 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6) Category: Principal judgment Parties: AP 16/47917