Bayfield v Everall [2016] NSWCATAP 227

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bayfield v Everall [2016] NSWCATAP 227 Hearing dates: 14 April 2016 Date of orders: 13 October 2016 Decision date: 13 October 2016 Jurisdiction: Appeal Panel Before: O Shub, Principal Member J Wakefield, Senior Member Decision: (1) The appeal be allowed. (2) The decision under appeal be varied by substitution of the following declaration and order: (a) Declare that Special Condition 2 of the Residential Tenancy Agreement dated 6 July 2015 is void. (b) Order that the respondents pay to the appellant compensation for loss caused by abandonment assessed in the sum of $5,568. (3) The Tribunal notes that the sum referred to in order 2(b) has been paid. Catchwords: Civil & Administrative Tribunal (NSW) – Consumer and Commercial Division – Internal Appeal – question of law – rehearing - residential tenancy agreement – abandonment – "break-fee" - void term - calculation of loss Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Haines v Chen; Chen v Haines (2016) NSWCATCD 44 Nasme v Somova (Tribunal reference 14/51847) Category: Principal judgment Parties: Kathleen Bayfield (Appellant) Anthony Donald and Philippa Anne Everall (Respondents) Representation: Keith Wiseman (Richardson & Wrench) (Appellant) Anthony Donald and Philippa Anne Everall (Respondents in person) File Number(s): AP 16/06501 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 19 January 2016 Before: T Simon, Tribunal Member File Number(s): RT 15/55564