Van Der Wielen v Highfield JV Pty Ltd [2021] NSWCATCD 130

Van Der Wielen v Highfield JV Pty Ltd [2021] NSWCATCD 130

The application was dismissed because the tenant did not prove on the balance of probabilities that the landlord was motivated, even partially, by retaliatory reasons as defined in section 115(2) of the Residential Tenancies Act 2010 (NSW).

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 October 2021
Procedural Posture
Tenancy Dispute / Final Determination
Outcome
Application dismissed
Legal Topics
['retaliatory Eviction' 'termination Notices' 'breach of Lease']
['tenancy Law'] ['retaliatory Eviction' 'termination Notices' 'breach of Lease']

Source-derived case record

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Procedural Posture

Tenancy Dispute / Final Determination

Legal Issues

  1. 1 ['Whether the termination notice issued by the landlord was retaliatory under section 115 of the Residential Tenancies Act 2010 (NSW)']

Ratio Decidendi

The application was dismissed because the tenant did not prove on the balance of probabilities that the landlord was motivated, even partially, by retaliatory reasons as defined in section 115(2) of the Residential Tenancies Act 2010 (NSW).

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']