Diago Lobo v Abdel-Messih

Diago Lobo filed an application against Abdel-Messih seeking a declaration that the premises at 101/534 Canterbury Road, Bankstown, were abandoned and requesting that the respondent be ordered to pay the applicant the sum of $3,000. The respondent counterclaimed that the tenancy had terminated by mutual consent and sought the return of the sum of $3,000. The parties appeared to the Registrar, who determined the matter. The court was required to decide whether the premises were abandoned by the tenant or whether the tenancy had been terminated by mutual consent. This determination was necessary to decide whether the landlord was entitled to a break lease fee and to resolve the dispute over the $3,000 sum. The court considered the evidence and submissions of both parties. The applicant submitted that the premises were abandoned, and therefore the landlord was entitled to a break lease fee. The respondent argued that the tenancy had terminated by mutual consent and that the $3,000 had been paid in accordance with that agreement. The court found that the respondent was not a credible witness and that the landlord was entitled to a break lease fee. The respondent was ordered to pay the applicant the sum of $3,000 immediately.