Yan v Yan [2024] NSWCATAP 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yan v Yan [2024] NSWCATAP 32 Hearing dates: 21 February 2024 Date of orders: 4 March 2024 Decision date: 04 March 2024 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member D Ziegler, Senior Member Decision: 1. Appeal allowed in part. 2. Set aside the order for termination of the residential tenancy agreement made by the Tribunal pursuant to s 103 of the Residential Tenancies Act 2010 (NSW) in the tenants' application RT 23/23449 on 30 October 2023. 3. Set aside the orders of the Tribunal made in the landlord's application RT 23/29452 on 30 October 2023 and in lieu thereof make the following orders: (1) The tenants, Ziyu Yan and Jiaming Lin and Liang Wang, are to pay the landlord Chenyang Yan, the sum of $5,100 within seven days pursuant to s 107 of the Residential Tenancies Act 2010 (NSW). (2) Otherwise, the application is dismissed. Catchwords: LEASES AND TENANCIES – order of termination under s 103 of the Residential Tenancies Act 2010 (NSW) – whether order was correctly issued in circumstances where the tenancy had been abandoned and terminated prior to the order being made – whether break-fee should have been ordered. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Abdel-Messih v Marshall [2017] NSWCATAP 136 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Darren and Julia Patterson v David Dawson [2015] NSWCATAP 31 Mendonca v Legal Services Commissioner [2020] NSWCA 84 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Texts Cited: Nil Category: Principal judgment Parties: Chenyang Yan (Appellant) Ziyu Yan (First Respondent) Liang Wang (Second Respondents) Jiaming Lin (Third Respondent) Representation: Appellant (self-represented) Respondents (self-represented) File Number(s): 2023/00360100 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 30 October 2023 Before: J Alder, General Member File Number(s): RT 23/23449, RT 23/29452