Serious v Barlow; Barlow v Serious [2020] NSWCATCD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Serious v Barlow; Barlow v Serious [2020] NSWCATCD 3 Hearing dates: 22 July 2020 Date of orders: 23 July 2020 Decision date: 23 July 2020 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. The ex parte orders made on 15 June 2019 are set aside, pursuant clause 9 of the Civil and Administrative Tribunal Regulation 2013. 2. The residential tenancy agreement is terminated in accordance with section 87 of the Residential Tenancies Act 2010 as the tenants have breached that agreement by failing to pay rent in accordance with that agreement and the landlords have given a valid termination notice. 3. The residential tenancy agreement is terminated immediately and possession is to be given to the landlords on the date of termination. 4. The order for possession is suspended until Thursday 13 August 2020. 5. The tenants shall pay the landlord a daily occupation fee at the rate of $192.86 per day from the day after the date of termination, namely 24 July 2020, until the date vacant possession is given to the landlords. 6. Within 60 days of the date for possession of the premises specified in these orders the landlords may request the relisting of the application to determine the amount of the occupation fee owing, 7. The tenants, Yahoo Serious and Serious Productions Pty Limited, 9 Dress Circle Road, Avalon Beach, NSW, 2107 are to pay the landlords, Tanya Barlow and Andrew Barlow, c/- Belle Property Avalon, 56 Old Barrenjoey Road, Avalon, NSW, 2107, the sum of $15,000.00 immediately. Catchwords: PRACTICE AND PROCEDURE – Whether ex parte order should be set aside LANDLORD AND TENANT – Termination of residential tenancy agreement – jurisdiction to terminate – meaning of household impacted by COVID-19 pandemic – whether termination order should be made Legislation Cited: Civil and Administrative Tribunal Regulation 2013 Residential Tenancies Act 2010 Residential Tenancies Regulation 2019 Cases Cited: Hammond v Ozzy's Cheapest Car Sales [2015] NSWCATAP 65 Category: Principal judgment Parties: In RT 20/26442: Yahoo Serious and Serious Productions Pty Limited (Applicants) Tanya Barlow and Andrew Barlow (Respondents)