Abdel-Messih v Marshall [2017] NSWCATAP 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abdel-Messih v Marshall [2017] NSWCATAP 136 Hearing dates: 25 May 2017 Date of orders: 21 June 2017 Decision date: 21 June 2017 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President R Titterton, Senior Member Decision: (1) Except for the purposes of making order 2, the appeal is dismissed; and

(2) The bond of $1,600.00 held by Rental Bond Services (reference number P0000626726) is to be paid to the Respondent. Catchwords: Abandonment – break fee – s 107 of the Residential Tenancies Act 2010 - cl 41 – s 15 Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 1987 Residential Tenancies Act, 2010 Residential Tenancies Regulation 2010 Cases Cited: Cain v New South Wales Land and Housing Corporation [2014] NSWCA 28 Collins v Urban [2014] NSWCATAP 17 House v King (1936) 55 CLR 499 Talbot-Price v Jacobs [2008] NSWCA 189 Texts Cited: Nil Category: Principal judgment Parties: Bishoy Abdel-Messih (Appellant) Simon Marshall (Respondent) File Number(s): AP 17/05534 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 19 January 2017 Before: D Charles, Senior Member File Number(s): RT 16/48675