Foyel v Brukmann [2021] NSWCATAP 293

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Foyel v Brukmann [2021] NSWCATAP 293 Hearing dates: 4 August 2021 Date of orders: 28 September 2021 Decision date: 28 September 2021 Jurisdiction: Appeal Panel Before: L Wilson, Senior Member D Robertson, Senior Member Decision: (1) Appeal allowed in part. (2) Amend Order 1 made on 29 April 2021 by inserting after sub-paragraph (a) (ab) the amount of $250.92 is to be paid on or before seven days from publication of the decision of the Appeal Panel. (3) The appeal is otherwise dismissed. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Agreement during COVID-19 pandemic to defer part of rent, to be repaid when tenants' financial position had improved – Terms for repayment not specified – Implied term that terms would be reasonable LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) – Rental bonds - Orders in relation to the payment of a bond – Whether the Tribunal has a discretion in relation to the payment of a bond – Possible impact on tenant when seeking alternative accommodation of not receiving the whole bond not a relevant consideration Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Hand v Brown [2021] NSWCATAP 228 House v The King (1936) 55 CLR 499 Lewis v Rejko Pty Ltd [2021] NSWCATAP 186 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Wigan v Edwards (1973) 47 ALJR 586 Texts Cited: Carter on Contract (loose-leaf) Lewison & Hughes, The Interpretation of Contracts in Australia 2012 Category: Principal judgment Parties: James Foyel and Diane Foyel (Appellants) Scarlett Cielle Brukmann and Timothy Malcolm Roland (Respondents) Representation: E Fisher, agent (appellants) Respondents in person File Number(s): 2021/00126297 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 29 April 2021 Before: K Clark, Tribunal Member File Number(s): RT 21/00051; RT 21/03875