Fowler v Fowler [2022] NSWCATCD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fowler v Fowler [2022] NSWCATCD 138 Hearing dates: 13 July 2022 Date of orders: 07 September 2022 Decision date: 07 September 2022 Jurisdiction: Consumer and Commercial Division Before: S Hanstein, General Member Decision: The tenancy agreement is terminated on 7 February 2023, and possession is to be given to the landlord on that day. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Whether residential tenancy agreement exists — Long term tenancy — Termination – Whether tenancy agreement should be terminated Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Case v Frimont [2021] NSWCA 30 Sutcliffe v Hennessy [2017] NSWCATCD 77 Category: Principal judgment Parties: James Fowler (Applicant)

Jeffrey Fowler (Respondent) Representation: Moins Morris Schaefer (Applicant)

Tony Cox Lawyers & Conveyancers (Respondent) File Number(s): RT 22/19090 Publication restriction: Nil

REASONS FOR DECISION 1. This is an application for termination of a long term tenancy under section 94 of the Residential Tenancies Act 2010 ("Act"). 2. The issues are: 1. Whether there is a residential tenancy agreement between the applicant as landlord and the respondent as tenant 2. If so, whether the tenancy should be terminated under section 94 of the Act 3. If so, what date should vacant possession of the premises be required to be given. 1. The proceedings were instituted by the applicant by his power of attorney, Ms Mill. Ms Mill is the daughter of the applicant and the sister of the respondent. 2. Both parties filed documentary material in support of their cases including statutory declarations, and were legally represented at the hearing. None of the deponents of the statutory declarations were cross examined at the hearing.