Wang v Kuzmanovic & Anor (Residential Tenancies)

In the case of Wang v Kuzmanovic & Anor, the applicant, Mr Wang, sought to reclaim a rental bond and unpaid rent from the tenants, Ms Kuzmanovic and Mr Kuzmanovic, who had been residing in a property managed by Ms Kuzmanovic, who was also Mr Wang’s ex-wife. The dispute centred on whether Mr Wang or Ms Kuzmanovic was the lessor of the premises at the relevant times, and whether the tenancy agreement entered into by Mr Wang and the tenants was the result of duress. The court was tasked with determining whether the tenancy agreement was valid and if the applicant’s claims for rent and cleaning were justified.

The court found that the evidence pointed to duress rather than undue influence, with Mr Wang’s persistent pressure and overbearing behaviour towards Ms Kuzmanovic culminating in the signing of various documents, including a power of attorney and a handwritten statement, which Ms Kuzmanovic did not fully understand. This was further evidenced by Mr Wang’s actions leading up to 11 August 2022, which were aimed at displacing Ms Kuzmanovic as the lessor of the property. The court concluded that Ms Kuzmanovic’s freedom in decision-making was seriously impaired, leading to the voiding of the tenancy agreement on the grounds of duress.

As a result, the court dismissed the applicant’s claims for rent and cleaning, ordered the applicant to pay the tenants $1,580, and dismissed the tenants’ counterclaim. Additionally, the bond was discharged to the tenants. The court declared the tenancy agreement dated 11 August 2022 void for duress, affirming that Ms Kuzmanovic remained the lessor until the tenants vacated the premises.