Krnjic v Jiang

The case of Krnjic v Jiang was heard by the New South Wales Civil and Administrative Tribunal (NCAT). The applicants, Krnjic, sought a holding fee from the respondent, Jiang, under the Residential Tenancies Act 2010 (NSW). The dispute arose from a residential tenancy agreement where the applicants had provided a holding fee to the respondent to secure a property. However, the agreement did not proceed, and the applicants sought the return of their holding fee.

The primary legal issue was whether the applicants were entitled to the return of the holding fee under the provisions of the Act. The applicants argued that the holding fee should be refunded as the agreement did not proceed. The respondent, Jiang, contended that the fee should not be refunded as the applicants had not fulfilled their obligations under the agreement.

The Tribunal found in favour of the applicants, holding that the holding fee was repayable if the agreement did not proceed. The Tribunal noted that the Act provides for the refund of a holding fee if the agreement is not entered into. The Tribunal concluded that the applicants were entitled to the return of the holding fee, and ordered the respondent to pay the applicants the sum of $500.00 immediately. The Tribunal also noted that if the respondent did not comply with the order, the applicants could enforce the order through the Local or District Court.