Wolfson v Bradley [2020] NSWCATAP 266

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wolfson v Bradley [2020] NSWCATAP 266 Hearing dates: On the papers Date of orders: 11 December 2020 Decision date: 11 December 2020 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member L Wilson, Senior Member Decision: (1) Leave to appeal is refused; (2) The appeal is dismissed; (3) No order as to costs. Catchwords: RESIDENTIAL TENANCY – termination notice given to take effect at the end of the fixed term – parties negotiating for rent reduction with agreement reached after termination notice given – whether moratorium on giving termination notice under cl 41C of the Residential Tenancies Regulation 2019 (NSW) – no errors of law - leave to appeal sought - against the weight of the evidence - leave refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80, Sch 4, cl 12 Residential Tenancies Act 2010 (NSW), ss 84, 88, 89, 115, 228A, 229 Residential Tenancies Regulation 2019 (NSW), cll 41C, 41D Cases Cited: Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd [2019] NSWCA 61; (2019) 99 NSWLR 419 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Federal Commission of Taxation v Trail Brothers Steel & Plastics Pty Ltd [2010] FCAFC 94; (2010) 186 FCR 410 House v R [1936] HCA 40; (1936) 55 CLR 499 Prendergast v Western Murray Irrigation [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Stephen Wolfson (First Appellant) Oxana Wolfson (Second Appellant) Gavin Bradley (First Respondent) Sharyn Bradley (Second Respondent) Representation: Appellants (Self Represented) Respondent (Self Represented) File Number(s): AP 20/34919 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 10 August 2020 Before: G Bassatt, General Member File Number(s): RT 20/24743