Tawadros v Grubisic [2020] NSWCATCD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tawadros v Grubisic [2020] NSWCATCD 1 Hearing dates: 27 April 2020 Date of orders: 12 May 2020 Decision date: 12 May 2020 Jurisdiction: Consumer and Commercial Division Before: G A Kinsey, General Member Decision: The application is dismissed Catchwords: Residential tenancies -Termination of residential tenancy agreement under section 93 of Residential Tenancies Act 2010 - meaning of "special circumstances of the case" - meaning of "undue hardship"- Legislation Cited: Residential Tenancies Act 2010 Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 1987 (NSW) (repealed). Cases Cited: Perpetual Finance Corporation Ltd v Blain and Another (1996) 9 BPR 16,243 State of New South Wales v Austeel Pty Ltd [2004] NSWSC 81 Texts Cited: Nil Category: Principal judgment Parties: Abraham Tawadros (Applicant by telephone) Safaa Roufael (Applicant by telephone)

Vanja Grubisic (Respondent by telephone) Joe Cardinale (Respondent) Representation: Solicitors: Stephen Noss and Associates (Respondents) File Number(s): RT 20/17149 Publication restriction: Unrestricted

REASONS FOR DECISION

appearances 1. The Applicants are landlords and the Respondents are tenants. The parties appeared by telephone. 2. At the commencement of the hearing Stephen Noss solicitor sought leave to appear for the tenants. After some discussion with the landlords they informed the Tribunal they did not have an objection to Mr Noss appearing and he was granted leave to represent the tenants.