Novakov v Carew [2017] NSWCATAP 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Novakov v Carew [2017] NSWCATAP 194 Hearing dates: 01 June 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Kearney, Senior Member Decision: (1) Leave is granted to appeal out of time and the time to appeal is extended to 16 March 2017.

(2) The appeal is allowed and order 1 made on 27 February 2017 in application RT 1655812 is set aside.

(3) In substitution of order 1 the Appeal Panel makes the following order:

1. The respondents Patrick Carew and Luke Bowen are to pay the applicant Lisa Novakov the sum of $1328.52 immediately. Catchwords: Termination - s 81(4)(e) of the Residential Tenancies Act, 2010, consent of landlord to vacation of premises. Break Fee - effect of alterations to printed form of agreement, intention of parties. Damages - Liability for loss of rent. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Residential Tenancies Act, 2010 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Lisa Novakov (Appellant) Patrick Carew and Luke Bowen (Respondents) Representation: R James, Agent (Appellant) L Bowen (Respondents) File Number(s): AP 17/12654 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 27 February 2017 Before: Dr J Lucy, Senior Member File Number(s): RT 16/55812