Elhassan v Ayoub [2018] NSWCATAP 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elhassan v Ayoub [2018] NSWCATAP 34 Hearing dates: 18 January 2018 Date of orders: 01 February 2018 Decision date: 01 February 2018 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President M Harrowell, Principal Member Decision: 1. Leave is refused for the landlords to appeal on grounds other than questions of law. 2. The appeal is dismissed. Catchwords: APPEAL – appeal on question of law – STATUTORY CONSTRUCTION – meaning of phrase "fair wear and tear" in s 51(3) of the Residential Tenancies Act 2010 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80 and Sch 4, cl 12 Residential Tenancies Act 2010 (NSW), s 51(3) Cases Cited: Alamdo Holdings Pty Limited v Australian Window Furnishings (NSW) Pty Ltd [2006] NSWCA 224 Burgin v Primrose (Tenancy) [2010] NSWCTTT 383 Fitzpatrick v Wu (2001) (unreported NSWRT 01/16425) Haskell v Marlow [1928] 2 KB 45 Texts Cited: Nil Category: Principal judgment Parties: Adel Elhassan and Hanna Elhassan (Appellants) Fares Ayoub (Respondent) Representation: F Hadid (agent) (Appellants) A Abou Duhun (agent) (Respondent) File Number(s): AP 17/41866 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 21 September 2017 Before: L Pearson, Principal Member File Number(s): RT 17/30643