Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Kwok v Natarajan [2025] NSWCATCD 80 Hearing dates: 20 June 2025 Date of orders: 8 July 2025 Decision date: 08 July 2025 Jurisdiction: Consumer and Commercial Division Before: JA Rose, Senior Member Decision: (1) The Tribunal determines that the rent increase from $700 per week to $900 per week is excessive.
(2) The Tribunal orders that the rent shall not exceed the sum of $775 per week from 11 January 2025 to 12 April 2025.
(3) The Tribunal orders the landlord to repay to the tenant the amount by which the rent paid by the tenant to the landlord for the period specified in order (2) above has exceeded the amount determined in that order.
(4) The parties have liberty to relist the proceeding to determine the amount (if any) owing by the landlord to the tenant under order (3) above, within 30 days from the date of these orders.
(5) The remainder of the claim in the proceeding is dismissed because the Tribunal is not satisfied to the civil standard (being the balance of probabilities) on the material before it that there are grounds for the Tribunal to make the other orders sought by the applicant tenant.
Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — NSW Civil and Administrative Tribunal — Jurisdiction and power — Limitations on claims for compensation in respect of a breach of a residential tenancy agreement
LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Rent — Excessive rent
LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Repairs — Landlord’s duty — Repairs to common property not forming part of the residential premises
LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Rent — Rent increases — Excessive rent increase
Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW)
Residential Tenancies Act 1995 (NSW)
Residential Tenancies Act 2010 (NSW)
Strata Schemes Management Act 2015 (NSW)
Residential Tenancies Regulation 2019 (NSW)
Cases Cited: Bhandari v Laming [2015] NSWCATAP 224
De Chazol v Scala [2010] NSWCTTT 135
Dimunova v Vega [2017] NSWCATAP 5
Dupont and Rowe v Lawrence [1997] NSWRT 213.
George v Davies [2000] ACTRTT 2.
Hanney v McCabe Toshack [2014] NSWCATCD 239
Hendy v Parsons [2024] NSWCATCD 25
Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22
Kolodziej v Ali & Anor (Appeal) [2021] ACAT 123
Kwok v Tahiri [2015] NSWCATAP 244
Lee v Fuzessery (Tenancy) [2010] NSWCTTT 205
McCartney v Wood [2023] NSWCATAP 131
Nicholson v Webber [2023] NSWCATCD 65
Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313
Pan v Malveholm [2021] NSWCATAP 101
Pursell v Eversham Close Pty Ltd [2020] NSWDC 372
Reiss & Anor v Helson & 2 Ors [2001] NSWSC 486
Sewell v Zvirblis [2022] NSWCATAP 337
Shrestha v Crandell Pty Ltd [2010] NSWCTTT 240
Warner v Hung (No 2) (2011) 297 ALR 56; [2011] FCA 1123
Texts Cited: Nil
Category: Principal judgment Parties: Aaron Kwok (Applicant)
Karthik Natarajan…
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- AGLC
- Kwok v Natarajan [2025] NSWCATCD 80
- Case
- [2025] NSWCATCD 80
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
(1) The Tribunal determines that the rent increase from $700 per week to $900 per week is excessive.
(2) The Tribunal orders that the rent shall not exceed the sum of $775 per week from 11 January 2025 to 12 April 2025.
(3) The Tribunal orders the landlord to repay to the tenant the amount by which the rent paid by the tenant to the landlord for the period specified in order (2) above has exceeded the amount determined in that order.
(4) The parties have liberty to relist the proceeding to determine the amount (if any) owing by the landlord to the tenant under order (3) above, within 30 days from the date of these orders.
(5) The remainder of the claim in the proceeding is dismissed because the Tribunal is not satisfied to the civil standard (being the balance of probabilities) on the material before it that there are grounds for the Tribunal to make the other orders sought by the applicant tenant.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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