Lethorn v Wagenheim [2020] NSWCATAP 199

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lethorn v Wagenheim [2020] NSWCATAP 199 Hearing dates: 23 September 2020 Date of orders: 30 September 2020 Decision date: 30 September 2020 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member G Burton SC, Senior Member Decision: (1) The name of the second named respondent is amended to Jaimie Wagenheim; (2) The appellant is granted leave for to be represented by Grace Crowley-Shaw; (3) The appeal is allowed; (4) The orders made by the Tribunal in proceedings RT 20/05814 are set aside; (5) The following orders are substituted in place of the orders made by the Tribunal in proceedings RT 20/05814: 1. The tenant, Colin Lethorn, is to pay the landlords, Michael Wagenheim and Jaimie Wagenheim, the sum of $7085.71 for rental arrears to 5 February 2020. 2. Rental Bond Services is to pay the landlords Michael Wagenheim and Jaimie Wagenheim the sum of $3400.00, being the bond paid by the tenant Colin Lethorn for the tenancy at 12/56-58 Birriga Road, Bellevue Hill NSW 2023, and this amount so paid is to be deducted from the above total of $7085.71. Catchwords: RESIDENTIAL TENANCY – termination – termination by consent - abandonment – break lease fee Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013, ss 45, 80 Residential Tenancies Act 2010 (NSW), ss 81, 106, 113, 107, 223 Cases Cited: Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190; (2010) 78 NSWLR 393 Darren and Julia Patterson v David Patterson [2015] NSWCATAP 31 McDonald v Pochin [2016] NSWCATAP 259 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rathod v Liu [2019] NSWCATAP 80 Texts Cited: None cited Category: Principal judgment Parties: Colin Lethorn (Appellant) Michael Wagenheim (First Respondent) Jaimie Wagenheim (Second Respondent) Representation: Solicitors: G Crowley-Shaw (Appellant) Self-represented (Respondents) File Number(s): AP 20/29428 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 22 June 2020 Before: F Holles, General Member File Number(s): RT 20/05814; RT 20/07817