So v Dou [2022] NSWCATAP 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: So v Dou [2022] NSWCATAP 179 Hearing dates: 3 May 2022 Date of orders: 30 May 2022 Decision date: 30 May 2022 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member C Mulvey, Senior Member Decision: 1. Appeal upheld. 2. The orders of the Tribunal dated 21 February 2022 are set aside. 3. The respondents are to pay the appellant the sum of $8,800 immediately. Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – fixed term lease for three years entered into prior to 23 March 2020 – abandonment by the tenants - compensation – obligation on the landlord to mitigate the loss – principles applicable to mitigation defence – Tribunal erred in failing to apply applicable principles Legislation Cited: Residential Tenancies Act 2010 (NSW), s 107, Sch 2 cl 25 Residential Tenancies Amendment (Review) Act 2018 (NSW). Cases Cited: Abdel-Messih v Marshall [2018] NSWSC 648 In the matters of Earth Civil Australia Pty Ltd, RCG CBD Pty Ltd, Bluemine Pty Ltd, Diamondwish Pty Ltd and Rackforce Pty Ltd (all in liq) [2021] NSWSC 966 Karacominakis v Big Country Developments Pty Ltd & Ors Big Country Developments Pty Ltd v Chadlace Pty Ltd & Ors J W Wall Investment Co Pty Ltd & Ors v Big Country Developments Pty Ltd & Ors Hollingsworth & Anor v Big Country Developments Pty Ltd & Ors [2000] NSWCA 313 Texts Cited: Halsbury's Laws of Australia, online edition Category: Principal judgment Parties: Wing Kai So (Appellant) Luba Dou (First Respondent) Ying Dou (Second Respondent) Representation: Appellant (self-represented) Respondents (self-represented) File Number(s): 2022/00063105 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: 21 February 2022 Before: P Smith, General Member File Number(s): RT 21/49796