Kyriakou v Kuzevski & Ors [2011] NSWSC 1541

Supreme Court New South Wales

Medium Neutral Citation: Kyriakou v Kuzevski & Ors [2011] NSWSC 1541 Hearing dates: Friday, 25 November 2011 Decision date: 25 November 2011 Jurisdiction: Equity Division - Duty List Before: White J Decision: Refer to paras [26]-[29] of judgment. Catchwords: LANDLORD AND TENANT - residential tenancy agreement - where occupant of residential premises evicted - application for order allowing residence at premise for period of seven days - whether residential tenancy agreement under the Residential Tenancies Act 2010 - parties cannot enter into agreement for purpose of preventing operation of Residential Tenancies Act 2010 - serious question to be tried that occupant a tenant under fixed term residential tenancy agreement that could only be terminated in accordance with s 84, Residential Tenancies Act 2010 - balance of convenience favours allowing occupant back into possession of premises for seven days - occupant allowed back into possession of premises for seven days on undertakings to vacate after seven days, pay outstanding rent and not to damage premises Legislation Cited: Residential Tenancies Act 2010 Consumer, Trader & Tenancy Tribunal Act 2001 Category: Principal judgment Parties: Andrew Kyriakou (Plaintiff) John Kuzevski (1st Defendant) Luba Kuzevski (2nd Defendant) Naum Kuzevski (3rd Defendant) Sue Hetherington (4th Defendant) Representation: Plaintiff - in person 1st Defendant - in person N/a File Number(s): 2011/382203