Yigiter v Al Haery [2021] NSWCATCD 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yigiter v Al Haery [2021] NSWCATCD 125 Hearing dates: 13 September 2021 Date of orders: 2 December 2021 Decision date: 02 December 2021 Jurisdiction: Consumer and Commercial Division Before: G Ulman, Senior Member Decision: (1) Pursuant to section 72(1)(f)(iii), declare that the respondent is indebted to the applicant for rent arrears in the amount of $65,475. (2) Pursuant to section 72(1) order that : (a) Within 28 days the respondent pay to the applicant the sum of $45,975; and (b) The respondent pay to the applicant the sum of $19,500 by 24 equal and consecutive monthly instalments of $812.50, with the first instalment to be paid within 28 days. Catchwords: LEASES AND TENANCIES — Retail leases — Claim for rent arrears and order for possession — Whether the lessor was prohibited by the Retail and Other Commercial Leases (COVID-19) Regulation 2021 from taking action in the Tribunal for payment of outstanding rent and for an order for possession — Whether lease has been validly terminated Legislation Cited: Retail Leases Act 1994 (NSW) Retail and Other Commercial Leases (COVID-19) Regulation 2021 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Yildiz Yigiter (Applicant) Hasan Al Haery (Respondent) Representation: Z Akbazarda (Agent) (Applicant)

Solicitors: Asad Lawyers (Respondent) File Number(s): COM 21/21036 Publication restriction: Nil