Jin v Jupiter St James Pty Ltd [2019] NSWCATAP 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jin v Jupiter St James Pty Ltd [2019] NSWCATAP 210 Hearing dates: 30 April 2019 Date of orders: 19 August 2019 Decision date: 19 August 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member J McAteer, Senior Member Decision: (1) The application for leave to appeal on grounds other than question of law is refused. (2) The appeal is dismissed. (3) The stay on the operation of order (10) made on 15 January 2019 is lifted. Catchwords: APPEAL – residential tenancy - termination notice based on frustration of agreement - landlord's claim for break fee – tenant's claim for abatement of rent Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Collins v Urban [2014] NSWCATAP 17Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 The Australian Gas Light Company v Valuer-General (1940) 40 SR (NSW) 126 Vashisht & Sharma v Edwards [2016] NSWCATCD 86 Texts Cited: Nil Category: Principal judgment Parties: Jia Jin (Appellant) Jupiter St James Pty Ltd (Respondent) Representation: Solicitor: Appellant (Self Represented) L Cipollone (Respondent) (Agent) File Number(s): AP 19/04371 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Nil Date of Decision: 15 January 2019 Before: P French, General Member File Number(s): RT 18/40740, RT18/41690