Phoenix v Guangyue Chen [2020] NSWCATAP 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Phoenix v Guangyue Chen [2020] NSWCATAP 255 Hearing dates: 30 July 2020 Date of orders: 7 December 2020 Decision date: 07 December 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Robertson, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed Catchwords: LEASES AND TENANCIES – Residential Tenancies – Termination of tenancy – Vacant possession –Tenant left premises but did not return keys – Tenancy did not terminate until keys returned Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 NSW Land & Housing Corporation v Quinn (No 2) [2018] NSWDC 161 Thomas v Metropolitan Housing Corporation Ltd [1936] 1 All ER 210 Wilson v Walshe [1985] NSW Conv R 55-248 Texts Cited: nil Category: Principal judgment Parties: Svetlana Phoenix (Appellant) Guang Yue Chen (Respondent) Representation: Solicitors: Appellant (Self-Represented) L Feng (Managing Agent)(Respondent) File Number(s): AP 20/21470 Publication restriction: none Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 13 May 2020 Before: G Bassett, Tribunal Member File Number(s): RT 20/03892