Pak v Ka Yau Chan [2021] NSWCATAP 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pak v Ka Yau Chan [2021] NSWCATAP 85 Hearing dates: 24 March 2020 Date of orders: 7 April 2021 Decision date: 07 April 2021 Jurisdiction: Appeal Panel Before: S Thode, Senior Member J Kearney, Senior Member Decision: The appeal is dismissed. Catchwords: APPEAL – LAND LAW - Residential Tenancy -– termination of residential tenancy agreement by tenant – s107 - break lease fee Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 Collins v Urban [2014] NSWCATAP 17 Italiano v Carbone (2005) NSWCA 177 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Tatiana Pak (Appellant) Quincy Ka Yau Chan (Respondent) Representation: Appellant (Self Represented) J Cai (Respondent) File Number(s): 2021/00056048 (AP 21/02623) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 5 January 2021 Before: D Charles, Senior Member File Number(s): RT 20/35796

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 5 January 2021. 2. The internal appeal was brought by Tatiana Pak, the tenant, against the landlord Quincy Ka Yau Chan. The tenant appeals against the decision of the Tribunal to award the bond to the landlord pursuant to section 107 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 tenant and to the respondent as the landlord.