Orford v Hardiman [2021] NSWCATCD 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Orford v Hardiman [2021] NSWCATCD 136 Hearing dates: 6 October 2021 Date of orders: 18 October 2021 Decision date: 18 October 2021 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) The application is amended to state that the landlords apply for a termination order under section 84(3) of the Residential Tenancies Act 2010 on the ground of the end-of-fixed term of the residential tenancy agreement. (2) The Tribunal declines to refuse to make a termination order pursuant to section 115(b) of the Residential Tenancies Act 2010. (3) The residential tenancy agreement is terminated under section 84(3) of the Residential Tenancies Act 2010 on 18 October 2021 and possession of the premises is given to the landlord on the date of termination. (4) The order for possession is suspended to 5 December 2021. Catchwords: LEASES AND TENANCIES: Residential Tenancies Act 2010 (NSW) – Termination application – End of fixed term – Whether retaliatory application – Exercise of discretion to refuse to make a termination order PRACTICE & PROCEDURE – Formal defect in termination application – Whether application should be summarily dismissed – Tribunal's obligation to act with as little formality as the circumstances of the case permit and according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms – Power to amend an application Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Camilleri v Eastlake [2018] NSWCATAP 176 Quader v Bell [2017] NSWCATAP 24 Steinbeck v McDonald [2015] NSWCATAP 90 Texts Cited: Coronavirus (COVID 19) Temporary Changes to NCAT Operations procedure (18 March 2020 and as subsequently updated) Category: Principal judgment Parties: Michelle Orford (First Applicant) Darryl Bozicevic (Second Applicant) Vanessa Hardiman (Respondent) Representation: C Field (Agent) (First and Second Applicant) Respondent (Self-represented) File Number(s): RT 21/29183 Publication restriction: Nil