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文件太大了，传不上去好象。其实只有三页。
先与大家分享一下法庭的判决书吧，相信大家都想看看。
我自己打出来的，因为扫描的太大了传不上去，记得给点鼓励！！！！
如下：
CONSUMER，TRADER + TENANCY TRIBUNAL
NOTICE OF ORDER
Applicant 足迹网我爱我家楼主
Respondent A L Deller and M Deller
On 09-Oct-2009 the folowing orders were made:
1. Prior orders made on 20 February 2009 on file number 08/59691 are set aside.
2. The landlord, A L Deller and M Deller,C/-ELLIS YOURK P/L T/AS RAY WHITE CARLINGFORD 322 PENNANT HILLS ROAD CARLINGFORD NSW 2118 AUSTRALIA, is to to pay the tenant, 足迹网我爱我家楼主Australia,the sum of $895.00on or before 16-Oct-2009.
Reasons-
*Refund of bond money received $895.00
NOTE: If the other party does not comply with the order to pay money, a certified copy of the above money order may be obtained from the Tribunal for the purpose of enforcement action through the Local Court.
3.REASONS
The matter first came before the Tribunal on 19 December 2008 on file 08/5969. A hearing was conducted on 20 February 2009 where a decision in favour of the landlord was made requiring the tenant to pay the sum of $917.00 from the bond.
The tenant filed a rehearing application on file 09/24967 which was granted. The basis of the application was information had become available that was not available at the hearing in February.
The tenant seeks a refund of his bond money on the present file.
The landlord relies upon the documents filed, including and ingoing and outgoing inspection report, photographs and invoices for work carried out.
The ingoing inspection report is not disputed. The outgoing report is questioned by the tenant as being and accurate representation of the condition of the premises and also being an accurate copy of the original condition report filed to the Tribunal in December 2008.
Upon reading the transcript of the initial proceedings in December 2008 and examining the handwritted notes of the presiding Member, I am satisfied that the ingoing condition report tendered to the Tribunal at that time was blank and contained entries relating to the condition of the curtains and lawns only.
I have a number of reasons for making this determination.
The original condition report has not been filed, only a photocopy purporting to be a true copy of the original.
The tenant provided and original copy of his condition report that showed him making certain entries on that report as to the condition of the premises.
The photocopy produced by the landlord’s agent shows some of these remarks only. Other remarks are not shown at all. Here I refer to the section titled “kitchen” where the tenant’s copy shows “A? pealing” in the walls/ceiling area and in the section “Bathroom” it shows ? pealing” in the walls/ceiling area.
The copy produced by the landlord’s agent shows “A ? “ in the kitchen area and not the word pealing and only the mark? And not the word pealing in the bathroom.
The landlord agent’s copy shows all areas marked as “Y” in the clean,undamaged and working columns in the outgoing report.
The landlord agent’s copy is not dated or singned.
The tenants did not attend the outgoing inspection and I am satisfied that they were not given an opportunity to do so. Further, the tenant requested a copy of the condition report but was not provided with one by the agent as so requested.
The transcript of proceedings in December 2008 clearly show that the Member questioned the outgoing report with the agents appearing on behalf of the landlord.
The Member noted that the outgoing report was blank except for and entry relating to dusty curtains and untidy lawns. Nothing else was indecated on the report. In particular the Member mentioned mould in the bathroom and stated that there was no mention of mould on the report in the bathroom section.
The Adjournment sheet completed by the Member makes notes of the blank report to the items claimed by the landlord.
The landlord’s agent, under oath, stated that the ougoing condition report was a true copy and had not been interfered with, added to or amended in any way from the report filed initially with the Member in December 2008.
I do not agree as the evidence leads me in the opposite direction. The outgoing condition report filed now contains a number of entries, including a notation of mould in the bathroom.
For these reasons I am of the opinion that it is unsafe to rely upon the filed final inspection report and all claims made are desmissed except for the rubbish disposal for the lawns as the tenant agreed that he mowed the lawns some two weeks prior to vacating the premises.
I therefore order the tenant to pay to the landlord the sum of $22.00 fothwith.
Accordingly, the sum of $895.00 received by the landlord must be refunded to the tenant.( is $917-22=$895).
I also have a number of concerns with the photographs and invoices filed by the landlord but need not consider them based on my findings on the outgoing condition report.
I instruct the Registry to refer this matter(all files)to the Tenancy Commissioner and to NSW Fair Trading for futher investigation.
J Halliday
Trbunal Member
09/10/09 |
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美丽的南非开普敦 (2008-7-20) 周伟欣 
楼主:barry.wang1
发表于 2009-12-4 14:56
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