Hill v Venkatesan [2022] NSWCATAP 278

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hill v Venkatesan [2022] NSWCATAP 278 Hearing dates: 17 August 2022 Date of orders: 24 August 2022 Decision date: 24 August 2022 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member Dr R Dubler SC, Senior Member Decision: 1. The appeal is allowed in relation to the payment of rent by the tenant in the period 13 April to 26 April 2022. 2. The order of the Tribunal of 14 June 2022 in matter RT 22/17833 is amended so as to read: "1. The respondent is to pay the applicants $1,300. 2. Otherwise, the application is dismissed". 3. The respondent is to pay the appellants $1,300 on or before 7 September 2022. 4. To the extent that the appeal raises errors not involving a question of law, leave to appeal is refused. 5. Otherwise, the appeal is dismissed. 6. The respondent is to file submissions on costs within 14 days of the publication of these reasons. 7. The appellant may respond within a further 14 days. 8. The respondent may reply within a further 7 days. 9. These submissions should address whether a hearing on costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – fixed term lease for 52 weeks – obligation of the tenants to pay rent where landlord accepts return of vacant possession - abandonment by the tenants - compensation – obligation on the landlord to mitigate the loss – whether the Tribunal erred in failing to apply correct principles Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – ss 55(1)(b), 60, 80; cl 12 of Sch 4 Residential Tenancies Act 2010 (NSW) – s 47 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATAP 137 Andy and Patrick Floor Covering Pty Ltd t/as Silver Trading Timber Floor v Li [2018] NSWCATAP 172 Bankstown [2015] NSWCATAP 111 Car Mart Direct Pty Ltd v Lesslie [2022] NSWCATAP 182 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe [1986] HCA 33 Harris v The Owners-Strata Plan No 34056 (No 2) [2022] NSWCATAP 167 Lethorn v Wagenheim [2020] NSWCATAP 199 Noori v JMG Auto Parts Pty Ltd [2022] NSWCATAP 250 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 The Owners-Strata Plan No 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273 Texts Cited: Nil Category: Principal judgment Parties: Mayada Hill (First Appellant) Isa Hill (Second Appellant) Jaikumar Venkatesan (Respondent) Representation: Isa Hill (First Appellant) Second Appellant (Self-represented) Du Yang (Agent) (Respondent) File Number(s): 2022/00186677 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 14 June 2022 Before: S De Jersey, Member File Number(s): RT 22/17833