Summerill v Pelle [2023] NSWCATCD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Summerill v Pelle [2023] NSWCATCD 78 Hearing dates: 17 May 2023 Date of orders: 13 July 2023 Decision date: 13 July 2023 Jurisdiction: Consumer and Commercial Division Before: R Alkadamani, Senior Member Decision: 1. To the extent necessary, order pursuant to section 41 of the Civil and Administrative Tribunal Act 2013 (NSW), extending the time for the filing of the application to 20 December 2022 2. Pursuant to section 111(2) of the Residential Tenancies Act 2010, declare that the respondent's purported notice of termination of the residential tenancy agreement comprised of the communications on 18 September 2022 breached s 85(2) of the Residential Tenancies Act 2010 3. Order the respondent to pay the applicant $2,275.12 within 14 days. 4. The application is otherwise dismissed. Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – Residential tenancy agreement - Quiet enjoyment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 41 Residential Tenancy Act 2010 (NSW), ss 8, 10, 13 50, 85, 190 Cases Cited: Hyndes v Maddak Pty Ltd [2021] NSWCATAP 302 Moore v Scenic Tours Pty Ltd (2020) 268 CLR 326; [2020] HCA 17 Rogers v Vinloy [2016] NSWCATAP 2 Category: Principal judgment Parties: Applicant: Justin Paul Summerill Respondent: Simona Rosa Pelle Representation: Ms Bouchier for the Applicant No appearance for the Respondent File Number(s): RT 22/56180 Publication restriction: None