Tawadros v Grubisic [2020] NSWCATCD 1

Tawadros v Grubisic [2020] NSWCATCD 1

Although special circumstances due to COVID-19 and health risks to Esther Tawadros were established, the landlords did not prove undue hardship, as their evidence did not sufficiently address alternatives or demonstrate excessive hardship. Termination was not justified under section 93 of the Act.

Parties
Applicant: Abraham Tawadros; Applicant: Safaa Roufael; Respondent: Vanja Grubisic; Respondent: Joe Cardinale
Jurisdiction
Australia
Judgment Date
12 May 2020
Procedural Posture
Application for Termination of Residential Tenancy Agreement / Final Decision
Outcome
application dismissed
Legal Topics
Termination of Tenancy, Hardship to Landlord, Special Circumstances, COVID 19 Impact, Compensation to Tenant
Residential Tenancies Consumer Law Termination of Tenancy Hardship to Landlord Special Circumstances COVID 19 Impact Compensation to Tenant

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Parties

Abraham Tawadros

Applicant

Safaa Roufael

Applicant

Vanja Grubisic

Respondent

Joe Cardinale

Respondent

Procedural Posture

Application for Termination of Residential Tenancy Agreement / Final Decision

Legal Issues

  1. 1 Whether special circumstances exist for early termination under s 93 of Residential Tenancies Act 2010
  2. 2 Whether landlords would suffer undue hardship if tenancy not terminated
  3. 3 Whether order for compensation to tenant should be made

Ratio Decidendi

Although special circumstances due to COVID-19 and health risks to Esther Tawadros were established, the landlords did not prove undue hardship, as their evidence did not sufficiently address alternatives or demonstrate excessive hardship. Termination was not justified under section 93 of the Act.

Court Disposition

application dismissed

Orders

  • The application for termination of tenancy is dismissed.
  • No order as to costs.