Di Liristi v Matautia Developments Pty Ltd (No 6) [2021] NSWSC 663

Supreme Court New South Wales

Medium Neutral Citation: Di Liristi v Matautia Developments Pty Ltd (No 6) [2021] NSWSC 663 Hearing dates: 8, 9, 10, 11, 12 and 17 March 2021 Date of orders: 11 June 2021 Decision date: 11 June 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The summons is dismissed. In respect of the cross-summons: (2) I declare that the first defendant has validly terminated the residential tenancy agreement dated 7 June 2019. (3) I declare that the first defendant is entitled to possession of the property. (4) I grant liberty for the parties to approach my Chambers to have the matter re-listed for determination of the issues relating to damages and costs. (5) I direct the first defendant to provide a schedule of unpaid rent to the date of judgment. Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – Termination – By landlord – Where tenant has caused soil contaminated with asbestos to be placed on the property – Whether there has been a valid termination of the tenancy agreement – Significant credibility issues relating to the tenant Legislation Cited: Protection of the Environment Operations Act 1997 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Aboriginal Housing Company Ltd v Kaye-Engel (No 7) [2015] NSWSC 1554 Di Liristi v Matautia Developments Pty Ltd (No 2) [2020] NSWSC 862 Di Liristi v Matautia Developments Pty Ltd (No 5) [2021] NSWSC 662 ET-China.com International Holdings Ltd v Cheung [2021] NSWCA 24 Lawrence v Gunner [2015] NSWSC 1229 Walton Stores (Interstate) Ltd v Maher & Anor (1988) 164 CLR 387; [1988] HCA 7 Category: Principal judgment Parties: Antonio Di Liristi (Plaintiff) Matautia Developments Pty Ltd (First Defendant) Michael Bernard Fowler (Second Defendant) Brian Garnet Wheaton (Fourth Defendant) Representation: Counsel: A Avery-Williams (First and Fourth Defendants)