Shuang Song v Edgar Kaler and Nabeela Caunhye; Edgar Kaler and Nabeela Caunhye v Shuang Song and Greg Timms [2023] NSWCATCD 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shuang Song v Edgar Kaler and Nabeela Caunhye; Edgar Kaler and Nabeela Caunhye v Shuang Song and Greg Timms [2023] NSWCATCD 70 Hearing dates: 24 April 2023 Date of orders: 23 June 2023 Decision date: 23 June 2023 Jurisdiction: Consumer and Commercial Division Before: N Kennedy, General Member Decision: 1. Greg Timms is removed as a respondent in matter RT 23/08058. 2. The Residential Tenancy Agreement is terminated in accordance with section 93 of the Residential Tenancies Act 2010 as the landlord would in the special circumstances of the case suffer undue hardship if the Tenancy Agreement is not terminated. 2. The Residential Tenancy Agreement is terminated immediately and possession is to be given to the landlord on the date of termination. 3. The order for possession is suspended until 21 July 2023. 4. The tenant shall pay the landlord a daily occupation fee at the rate of $125.71 per day from the day after the date of termination, namely 22 July 2023 until the date vacant possession is given to the landlord. 5. Within 60 days of the date for possession of the premises specified in these orders the landlord may request the relisting of the application to determine the amount of the occupation fee owing. 6. The landlord, Shuang Song, is to pay the tenants, Edgar Kaler and Nabeela Caunhye, the sum of $4710 on or before 30 June 2023. 7. The application for compensation in matter RT 23/08058 is dismissed. 8. Any application in respect of the costs of the application is to be made by written submissions and documents filed and served within 14 days of the date of publication of this decision. Such submissions should address the question whether the application for costs can be dealt with on the papers and without an oral hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act.