Wang v Abdel-Messih;; Abdel-Messih v Wang [2017] NSWCATCD 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wang v Abdel-Messih;; Abdel-Messih v Wang [2017] NSWCATCD 70 Hearing dates: 21 July 2017 Decision date: 25 August 2017 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: In RT 17/14436 and RT 17/19334 (the landlord's applications) Consent orders made on 21 July 2017 1. By consent, the Residential Tenancy Agreement is terminated immediately and possession is given to the landlord on the date of termination. 2. By consent, the order for possession is suspended to 25 July 2017. 3. By consent, the tenant is to pay the landlord an occupation fee at the rate of $154.29 per day from the day after the date of termination, namely 22 July 2017 until the date vacant possession is given to the landlord. 4. By consent, within 60 days of the date for possession of the premises specified in these orders, the landlord may request the relisting of these applications to determine the amount of the occupation fee owing. NOTATION made on 21 July 2017 The Tribunal notes that the parties have also agreed that the landlord and the landlord's Managing Agent will not list the tenant on any residential tenancy data base. Order made by determination on 11 August 2017 5. The tenant, Bishoy Abdel-Messih, Unit 5605/93 Liverpool Street Sydney 2000 NSW Australia is to pay the landlord, Le Dong Wang, c/- Yueh Ying Chiu trading as Property Square Realty Suite 1 Level 7 377-383 Sussex Street Sydney 2000 NSW Australia the sum of $15,000.00 immediately. In matter number RT 17/16177 (the tenant's application) Order made by determination on 26 July 2017 6. The tenant's request for leave to file additional evidence and or submissions after the conclusion of the final hearing of this application is refused. Order made by determination on 11 August 2017 7. The application is dismissed. Catchwords: RESIDENTIAL TENANCIES – landlord's application under section 87 of the Residential Tenancies Act 2010 for a termination order for breach of the residential tenancy agreement – keeping of a dog at the residential premises – landlord's application under section 87 of the Residential Tenancies Act 2010 for a termination order for breach of the residential tenancy agreement – non-payment of rent in accordance with the residential tenancy agreement – tenant's application under sections 75(2), 187 and 190 of the Residential Tenancies Act 2010 for compensation for damage and loss allegedly incurred as a result of the landlord's alleged breach of the residential tenancy agreement in unreasonably withholding consent to the sub-letting of the residential premises Category: Principal judgment Parties: Le Dong Wang (applicant/cross respondent-landlord) Bishoy Abdel-Messih (respondent/cross applicant - tenant) Representation: Bishoy Abdel-Messih in person Susan Chiu, Managing Agent for Landlord Le Dong Wang File Number(s): RT 17/ 14436; RT 17/16177; RT 17/19334 Publication restriction: Nil