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Leases and tenancies

Baker v Rowell; Rowell v Baker

The Appeal Panel allowed Ms Baker’s appeal, dismissed Mr Rowell’s appeal, and remitted the tenancy dispute. It also refused a pseudonym order and made a limited confidentiality order.

  • Residential tenancy agreement
  • Offer and acceptance
  • Implied agreement
  • Exclusive occupation
  • Extension of time to appeal
  • Suppression and confidentiality orders
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Leases and tenancies

Jacmon v NSW Land and Housing Corporation

The Appeal Panel allowed the appeal, finding errors in the Tribunal’s handling of habitability, repairs and alternative accommodation costs, and remitted limited claims.

  • Social housing tenancy
  • Quiet enjoyment
  • Habitability of premises
  • Repairs and maintenance
  • Alternative accommodation costs
  • Mitigation of loss
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Leases and tenancies

Kennedy v Caldareri

The Appeal Panel refused leave to appeal and dismissed an internal appeal about residential tenancy repairs, compensation, rent reduction, and fresh evidence.

  • Residential tenancies act 2010 (nsw)
  • State of repair
  • Loss of amenity
  • Compensation
  • Rent reduction
  • Leave to appeal
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Leases and tenancies

Dib v Holstein & Anor

The Tribunal held that non-compliance with s 165 of the Residential Tenancies Act did not bar a bond claim. The respondents were awarded $738 from the bond.

  • Rental bonds
  • Residential tenancy obligations
  • Condition reports
  • Cleaning and repairs
  • Bond claims procedure
  • Rental-bonds
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Leases and tenancies

Mirvac Real Estate Pty Ltd (ACN 003 342 452) v Estro Concept Pty Limited (ACN 169 608 548)

Mirvac Real Estate Pty Ltd (ACN 003 342 452) v Estro Concept Pty Limited (ACN 169 608 548) [2025] NSWDC 9

The District Court of NSW entered judgment for Mirvac against the first defendant for unpaid licence fees, utilities and interest under a shop licence.

  • Licences
  • Failure to pay licence fee
  • Failure to pay utility charges
  • Leases-and-tenancies
  • Contract-damages
  • Interest-on-judgment
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Residential tenancies

Yu v Hawat

Yu v Hawat [2025] NSWCATAP 20

The Appeal Panel extended time, refused leave to appeal, and dismissed landlords’ appeal over a rent reduction for leaks and a blocked-sink claim.

  • Rent reduction
  • Liability for repairs
  • Procedural fairness
  • Residential-tenancies
  • Rent-reduction
  • Procedural-fairness
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Leases and tenancies

Take Two Seven Pty Ltd v Hewson Properties Pty Ltd

Take Two Seven Pty Ltd v Hewson Properties Pty Ltd [2025] NSWCATAP 1

Appeal about whether a retail lease demised the whole basement or only part of it. The Appeal Panel upheld the Tribunal and dismissed the appeal.

  • Construction and interpretation of commercial lease
  • Use of extrinsic evidence in contractual interpretation
  • Demise of property in lease
  • Common areas and car parking provisions
  • Commercial-lease-construction
  • Retail-leases
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Leases and tenancies

Plesko v Murphy

Plesko v Murphy [2024] NSWCATAP 266

Appeal Panel refused leave to appeal in a tenancy damage dispute, rejecting procedural fairness, weight of evidence, and new evidence arguments.

  • Damages to premises
  • Compensation claim
  • Rent reduction claim
  • Procedural fairness
  • Weight of evidence
  • Appeal leave
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Leases and tenancies

Rahman v Zeaiter

Rahman v Zeaiter [2024] NSWCATAP 217

The Appeal Panel refused an extension of time and leave to appeal, dismissing Mr Rahman’s challenge to tenancy compensation orders and a later set-aside application.

  • Extension of time to appeal
  • Leave to appeal
  • Procedural fairness
  • Residential tenancy
  • Setting aside orders
  • Appeal from interlocutory decision
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.