Liu v Van Rhoon [2020] NSWCATAP 287

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Liu v Van Rhoon [2020] NSWCATAP 287 Hearing dates: 2 November 2020 Date of orders: 24 December 2020 Decision date: 24 December 2020 Jurisdiction: Appeal Panel Before: S Thode, Senior Member M Gracie, Senior Member Decision: The appeal is dismissed. Catchwords: APPEAL – LAND LAW - Residential Tenancy -– termination of residential tenancy agreement - notice of termination invalid - error of law - premises subsequently vacated Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Residential Tenancies Regulations 2019 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: William Liu (Appellant) Kerry van Rhoon (Respondent) Representation: Solicitors: X Sun Solicitor Aushine Lawyers (Appellant) Respondent (Self Represented) File Number(s): AP 20/37686 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 24 August 2020 Before: P Moran, Senior Member File Number(s): RT 20/202292

reasons for decision

Introduction 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NCAT Act) against a decision made in the Consumer and Commercial Division of the Tribunal on 24 August 2020. 2. The internal appeal was brought by William Liu, the landlord, against the tenant Kerry van Rhoon. The landlord appeals against the decision of the Tribunal to dismiss the application for termination under section 84 of the Residential Tenancies Act 2010 (the RT Act). For the reasons set out below we have decided to dismiss the appeal. 3. For convenience we shall refer to the appellant as the landlord and to the respondent as the tenant.