Lawyer Chris Murphy wins $55,000 after suing landlords over mould

13 July 2021
Derrick Krusche
High-profile Sydney lawyer Chris Murphy argued mould in a multimillion dollar Eastern suburbs rental ruined thousands of dollars worth of art, clothing and furniture.

Criminal defence lawyer Chris Murphy has won more than $55,000 after he took the landlords of his former Sydney rental property to court over mould damage.

Mr Murphy, who has represented many high-profile clients including former NRL player Sam Burgess, first lodged a claim against Bondi surgeon George Lewkovitz and his wife Illana for damage caused to his belongings by mould while he rented their Bellevue Hill mansion from 2013 until 2017.

The couple filed a cross claim seeking more than $41,000 in unpaid rent for a three-month period in the final year Mr Murphy resided at the Rivers St property.

Mr Murphy argued he was not required to pay that rent because the Lewkovitzes had broken the terms of a tenancy agreement by leasing a home that was not fit for living in.

Mr Murphy had said he lost 40 pieces of art along with clothing and furniture due to the mould, the NSW District Court had previously heard.

His claim also included expenses incurred in dealing with the contamination.

Judge John Hatzistergos said on Monday there would be a verdict and judgment in favour of Mr Murphy of more than $55,000.

The judge said Mr Murphy had succeeded in his original claim of more than $87,000, but he also said the Lewkovitzes had succeeded in their cross claim which, after Mr Murphy’s bond for the rental property was deducted, came to $31,000.

Judge Hatzistergos said he was satisfied the Lewkovitzes knew about water penetration issues, particularly in relation to mould, from at least 2012 - the year prior to when Mr Murphy moved into the property.

But in his ruling Judge Hatzistergos said the Lewkovitzes were entitled to the rent money because Mr Murphy’s obligation to pay it remained despite his ability to use the house being affected.

The court heard Mr Murphy had discovered mould on one of his jackets in 2017 and told Mrs Lewkovitz: “There is a pool of water in the downstairs bedroom wardrobe. The damp destroyed my expensive leather jackets from Paris and New York”.

Later Mr Murphy sent Mrs Lewkovitz a photo of a jacket and wrote: “I treasured this jacket, also from New York”.

Mrs Lewkovitz denied she said at one point to Mr Murphy: “Sydney is a humid place. You should buy a packet of Damp Rid. That is how I deal with the damp”.

Mr Murphy’s barrister, Derek Hand, had argued mould samples were recorded at such high levels in the house they were deemed a health hazard.

But barrister Adrian Maroya, acting on behalf of the Lewkovitzes, said Mr Murphy would be unable to prove the couple breached their duty of care or the residential tenancy agreement terms.

Mr Murphy paid $10,800 a month to live in the five-bedroom home he shared with his estranged wife Agnes Bruck and their children.

He has since moved to another rental in Bondi.