Simsab Pty Ltd v Shaw

Case [2025] NSWCATCD 50


Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Simsab Pty Ltd v Shaw [2025] NSWCATCD 50
Hearing dates: 7 April 2025
Date of orders: 23 June 2025
Decision date: 23 June 2025
Jurisdiction:Consumer and Commercial Division
Before: R Glover, General Member
Decision:

(1)     By consent, the Applicant has leave to amend the application to include a claim for rent payable during the term of the tenancy.

(2)     The Respondent is to pay the Applicant the sum of $4,800.

(3)     The balance of the Applicant’s claim is dismissed.

(4)     The Tribunal notes that the Applicant has already received the sum of $4,800 through payments made by the Respondent ($2,400) and having received half of the rental bond ($2,400). Those amounts are to be credited against the money order with the effect that no further payments are required to be made by the Respondent.

Catchwords:

LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Termination — By tenant — Abandonment of premises — Rent and outgoings — Payment of rent — Rights and obligations of landlords and tenants

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Residential Tenancies Act 2010 (NSW)

Residential Tenancies Regulation 2019 (NSW)

Cases Cited:

Abdel-Messiv v Marshall [2017] NSWCATAP 136

Al-Basry v Maharaj [2022] NSWCATCD 9

Bhandari v Laming [2015] NSWCATAP 224

Cowling v Tran; Tran v Cowling [2022] NSWCATCD 128

Darren and Julie Patterson v David Dawson [2015] NSWCATAP 31

David v Langman [2021] NSWCATAP 360

Duffey v Tuntevski; Tuntevski v Duffey [2020] NSWCATCD 24

Imran v Zhang [2023] NSWCATD 159

Lethorn v Wagenheim [2020] NSWCATAP 199

Li v Bonestroo [2022] NSWCATAP 2

Moffatt v Muscat [2023] NSWCATCD 13

Panttalone v Jacobe [2021] NSWCATAP 418

Rathod v Liu [2019] NSWCATAP 80 at [60]

Rizk & Juma v Lai & Lai; Lai & Lai v Rizk & Juma [2023] NSWCATCD 137

Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9

Rodrigo v Shang (No 2) [2015] NSWCATAP 101

Seymour v Wu [2021] NSWCATAP 289

Srisivalingam v O’Leary [2023] NSWCATAP 40

Stewart v Wang [2024] NSWCATCD 70

Talbot-Price v Jacobs [2008] NSWCA 189

White v Di Lucca [2023] NSWCATAP 219

Texts Cited:

Anforth & Ors, Residential Tenancies, Law and Practice, NSW (8th ed, 2022, The Federation Press)

Category:Principal judgment
Parties:

Applicant: Simsab Pty Ltd

Respondent: Haydn Eric Shaw
Representation:

Applicant: Mr Stamatatos (Agent)

Respondent: In person
File Number(s): 2024/00377010
Publication restriction: Nil

REASONS FOR DECISION

  1. These reasons concern a claim by the Applicant for the payment of a lease break fee in the sum of $4,800. The Respondent resists that claim.

The Hearing

  1. These proceedings were listed for final hearing on 7 April 2025.

  2. The Applicant appeared at the hearing by its managing agent, who was granted leave to appear. The Respondent appeared in person.

  3. At the hearing, the Applicant relied on a bundle of documents, which included:

  1. a summary of events;

  2. a tenancy application form;

  3. the residential tenancy agreement;

  4. an ingoing condition report;

  5. a tenancy ledger;

  6. correspondence;

  7. notice of termination; and

  8. photographs.

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Details
AGLC
Simsab Pty Ltd v Shaw [2025] NSWCATCD 50
Case
[2025] NSWCATCD 50
Decision Date

CaseChat Overview and Summary

Simsab Pty Ltd, the owner of residential premises, sought an order for the tenant, Shaw, to vacate the premises on the basis that the tenant had abandoned the premises. The case was heard in the NSW Civil and Administrative Tribunal. The dispute centered on whether the tenant had abandoned the premises, and if so, whether the landlord was entitled to claim for unpaid rent during the period of abandonment. The landlord also sought an order for the tenant to pay costs associated with the proceedings.

The Tribunal was required to determine whether the tenant had abandoned the premises and whether the landlord was entitled to claim for unpaid rent during the period of abandonment. The Tribunal also needed to consider the issue of costs, specifically whether the landlord was entitled to claim for costs associated with the proceedings.

The Tribunal found that the tenant had abandoned the premises, but it was not satisfied that the landlord had taken reasonable steps to mitigate its loss. As a result, the Tribunal dismissed the landlord's claim for unpaid rent during the period of abandonment. However, the Tribunal did find that the landlord was entitled to claim for unpaid rent for the period before the tenant abandoned the premises. The Tribunal also dismissed the landlord's claim for costs, finding that the landlord had not provided sufficient evidence to support its claim.

The Tribunal ordered that the landlord was entitled to receive $4,800 from the tenant, being the unpaid rent for the period before the tenant abandoned the premises. The Tribunal also noted that the landlord had already received $4,800 from the tenant, which was to be credited against the money order. As a result, no further payments were required to be made by the tenant. The balance of the landlord's claim was dismissed.

Orders

Orders of the court

(1) By consent, the Applicant has leave to amend the application to include a claim for rent payable during the term of the tenancy.

(2) The Respondent is to pay the Applicant the sum of $4,800.

(3) The balance of the Applicant’s claim is dismissed.

(4) The Tribunal notes that the Applicant has already received the sum of $4,800 through payments made by the Respondent ($2,400) and having received half of the rental bond ($2,400). Those amounts are to be credited against the money order with the effect that no further payments are required to be made by the Respondent.

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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