Feyzbashipour v Lee [2021] NSWCATAP 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Feyzbashipour v Lee [2021] NSWCATAP 173 Hearing dates: 7 April 2021 Date of orders: 16 June 2021 Decision date: 16 June 2021 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member AR Boxall, Senior Member Decision: 1. the appeal is allowed; 2. order 1 made on 5 January 2021 in proceedings RT 20/36289 is varied by substituting "$1,400.00" for "$3,200.00". Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Whether residential tenancy agreement varied – Whether the landlord is estopped from claiming the full amount of rent for a period – Whether the landlord is entitled to claim the full amount of the rental bond Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 63 Residential Tenancies Act 2010 (NSW), s 175 Cases Cited: Ajayi v RT Briscoe (Nigeria) Ltd [1964] 1 WLR 1326 Legione v Hateley (1983) 152 CLR 406; [1983] HCA 11 Category: Principal judgment Parties: Pedram Feyzbashipour (Appellant) Paula Lee (Respondent) Representation: Appellant (Self-Represented) Respondent (Self-Represented) File Number(s): 2021/00056057 (AP 21/03128) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 05 January 2021 Before: G Ellis SC, Senior Member File Number(s): RT 20/36289