Shik v Wu [2021] NSWCATCD 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shik v Wu [2021] NSWCATCD 96 Hearing dates: 12 July 2021 Date of orders: 15 September 2021 Decision date: 16 September 2021 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) Shen Hua Wu must pay Lydiawati Shik $3,265.43 immediately. (2) Rental Bond Services must pay the tenant, Lydiawati Shik, the whole of Rental Bond No. S954405-7. (3) The application is otherwise dismissed. Catchwords: LEASES AND TENANCIES: Residential Tenancies Act 2010 (NSW) – frustration – where premises become wholly uninhabitable – termination notice – defects in a termination notice – whether landlord entitled to a break fee - landlord's liability for damage and loss suffered by a tenant where there is no breach of a landlord obligation Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Abdel Messih v Marshall [2018] NSWCS 648 De Soleil v Palmhide P/L [2010] CTTT 464 Kenny v Killalea [2015] NSWCATAP 66 Menashi v Ly [1997] NSWRT 162 Texts Cited: Coronavirus (COVID 19) Temporary Changes to NCAT Operations procedure (18 March 2020 and as subsequently updated) Category: Principal judgment Parties: Lydiawati Shik (Applicant) Hen Hua Wu (Respondent) Representation: Applicant (Self Represented) Melody Wu, Property Manager (Respondent) File Number(s): RT 21/21262 Publication restriction: Nil