Nikolakopoulos v Kaya [2025] NSWCATAP 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nikolakopoulos v Kaya [2025] NSWCATAP 37 Hearing dates: 22 August 2024 Date of orders: 19 February 2025 Decision date: 19 February 2025 Jurisdiction: Appeal Panel Before: G Burton SC, Senior Member J Ledda, Senior Member Decision: (1) The appeal is allowed, including grant of leave to appeal to the extent (if any) that it is required. (2) Vary the order of the Tribunal made 16 May 2024 to read: "Order that Maria Nikolakopoulos pay Seren Kaya $205 immediately". (3) Make no order as to the costs of the appeal. (4) If any party wishes to apply to vary order 3 then that party should by email file and serve the application (which may or may not also include applying for a hearing on costs), with any supporting evidence and any brief submissions (the latter not exceeding two typed pages in font not less than Arial 12, spacing not less than 1.5 and customary margin width) within seven days after date of these orders. Catchwords: REAL PROPERTY – RETAIL LEASES – exercise of option to renew and lease then terminated by lessor - alleged breaches of covenant by lessor and lessee – security deposit Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: AAI Ltd t/as GIO v McGiffen (2016) 77 MVR 348; [2016] NSWCA 229 Al-Daouk v Mr Pine t/as Furnco Bankstown [2015] NSWCATAP 111 Allianz Australia Insurance Ltd v Cervantes (2012) 61 MVR 443; [2012] NSWCA 244 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578; [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 14 Craig v South Australia (1995) 184 CLR 163 Eadie v Harvey [2017] NSWCATAP 201 House v The King (1936) 55 CLR 499 Hunter v Transport Accident Commission (2006) 43 MVR 130; [2005] VSCA 1 Jegatheeswaran v Minister for Immigration & Multicultural Affairs (2001) 194 ALR 263; [2001] FCA 865 Mifsud v Campbell (1991) 21 NSWLR 725 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332, [2013] HCA 18 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Owen v Kim [2017] NSWCATAP 26 Pholi v Wearne [2014] NSWCATAP 78 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rodger v De Gelder (2015) 71 MVR 514; [2015] NSWCA 211 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Wilson v Chan & Naylor Parramatta Pty Ltd atf Chan & Naylor Paramatta Trust [2020] NSWCA 62 Texts Cited: None cited Category: Principal judgment Parties: Maria Nikolakopoulos (Appellant) Seren Kaya (Respondent) Representation: C Vassiliadis (Agent) (Appellant) Respondent (Self-Represented) File Number(s): 2024/00192881 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 16 May 2024 Before: D Bluth, Senior Member File Number(s): 2023/00392147 (formerly COM 23/25206); 2023/00391340 (formerly COM 23/27166)