Li v Bonestroo [2022] NSWCATAP 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Li v Bonestroo [2022] NSWCATAP 2 Hearing dates: 27 October 2021 Date of orders: 11 January 2022 Decision date: 11 January 2022 Jurisdiction: Appeal Panel Before: L Wilson, Senior Member D Goldstein, Senior Member Decision: 1. Leave to appeal against the Decision is not granted. 2. The Appeal is dismissed. 3. No order as to costs. 4. The Registry of the Appeal Panel of the Tribunal is directed to immediately pay Tijmen Johannes Bonestroo $15,000 from NCAT's trust account. Catchwords: RESIDENTIAL TENANCIES – Break lease fee – Amount of compensation – s.187 Residential Tenancies Act 2010 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Abdel-Messih v Marshall [2018] NSWSC 648 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 House v The King [1936] HCA 40; (1936) 55 CLR 499 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Jones v Bradley [2003] NSWCA 81 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rathchime Pty Ltd v Willat [2017] NSWCATAP 87 Texts Cited: None cited Category: Principal judgment Parties: Jian Li (Appellant) Tijmen Johannes Bonestroo (Respondent) Representation: R Chen (Appellant) K-A Pankhurst (Agent)(Respondent) File Number(s): 2021/00223697 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 28 July 2021 Before: F Holles, General Member File Number(s): RT 21/00178