Kim & Ors v Estate of the late Warwick Rule [2022] NSWCATCD 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kim & Ors v Estate of the late Warwick Rule [2022] NSWCATCD 196 Hearing dates: 1 September 2022 Date of orders: 11 October 2022 Decision date: 11 October 2022 Jurisdiction: Consumer and Commercial Division Before: G Bassett, General Member Decision: (1) The application is dismissed. Catchwords: ESTOPPEL — Res judicata — Merger — Whether same cause of action Legislation Cited: Residential Tenancies Act 2010, section 187 Cases Cited: Gleeson v The Owners – Strata Plan No 48226 [2018] NSWCATAP 204 van Brugge v Foresto [2022] NSWCATAP 109 Category: Principal judgment Parties: First Applicant: Esther Kim

Second Applicant: Hoy Kim

Third Applicant: Seung Ching

Respondent: Estate of the late Warwick Rule Representation: Applicants: In person

Respondents: Jess Alvial, real estate agent File Number(s): RT 22/23442

REASONS FOR DECISION 1. On 26 May 2022, the tenant applicants applied for an order they be paid $14,000 in compensation and that a term of the tenancy agreement be declared void. Also sought were orders in relation to disclosure of tenant information and remedies for payment of rent and excess charges. Only the order in respect of compensation was pressed at hearing. 2. On 7 July 2022, the matter came before the Tribunal for conciliation hearing. When the matter did not settle the usual directions were made for a contested hearing. 3. At the end of the hearing directions were made to allow parties to make submissions in respect of video evidence for the premises that arose during hearing.