Gho v Niew [2022] NSWCATAP 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gho v Niew [2022] NSWCATAP 56 Hearing dates: 6 December 2021 Date of orders: 2 March 2022 Decision date: 02 March 2022 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Fairlie, Senior Member Decision: (1) Appeal upheld. (2) The orders of the Tribunal dated 16 September 2021 are set aside. (3) In lieu thereof, order the respondent to pay the appellant the sum of $680. Catchwords: LEASES AND TENANCIES – default and termination – abandonment of premises – break fee – applicable legislation was that in force at the time the lease was entered into not as in force at the date of the hearing APPEALS – point not taken below – conduct of hearing – point not permitted to be taken now as the new point could possibly have been met by calling evidence at the hearing or the respondent might have conducted the case differently at hearing Legislation Cited: Residential Tenancies Act 2010 (NSW), s 107, Sch 2 cl 25 Residential Tenancies Amendment (Review) Act 2018 (NSW), Sch 1 cl 34 Cases Cited: Multicon Engineering Pty Ltd v Federal Airports Corp (1997) 47 NSWLR 631; [1997] NSWCA 214 Texts Cited: None cited Category: Principal judgment Parties: Queenta Sylia Gho (Appellant) Ai Chuan Niew (Respondent) Representation: Appellant (Self Represented) Respondent (Self Represented) File Number(s): 2021/00276181 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 16 September 2021 Before: J Levingston, General Member File Number(s): RT 21/23354