Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30:

1. This is an internal appeal from the decision of the Consumer and Commercial Division of the Tribunal made on 10 October 2024 in proceedings between the appellant, Julia Lisle (Dr Lisle), who was the landlord, and the respondent, Rod Courtney (Mr Courtney), who was the tenant, of premises at Yamba in New South Wales (the premises), in which Mr Courtney sought relief against Dr Lisle under the Residential Tenancies Act 2010 (NSW). The Tribunal ordered Dr Lisle to pay Mr Courtney the sum of $6,758.57.

2. On 11 April 2025, the Tribunal constituted by myself dismissed the appeal upon its withdrawal by Dr Lisle.

3. Mr Courtney has applied for an order that Dr Lisle pay his costs of the appeal in the sum of $3,251.60 (the Courtney costs application).

4. I have decided that the Courtney costs application should be dismissed, and that each of Dr Lisle and Mr Courtney should pay their costs of the appeal.

The factual background

5. On or about 6 October 2022, Dr Lisle as the landlord and Mr Courtney as the tenant entered into a residential tenancy agreement of the premises for a term of 12 months commencing on 6 October 2022.

6. On 21 July 2023, Dr Lisle and Mr Courtney agreed to vary the residential tenancy agreement by reducing the rent payable thereunder with a consequential credit payable by Dr Lisle to Mr Courtney (the rent reduction agreement).

7. On 5 September 2023, Dr Lisle by her agent advised Mr Courtney that she would not honour the rent reduction agreement.

8. On 9 September 2023, Mr Courtney vacated the premises resulting in the amount of the credit payable by Dr Lisle to Mr Courtney being $6,578.57.

The history of the proceedings in the Consumer and Commercial Division

9. On 28 November 2023, Mr Courtney as the applicant commenced proceedings 2023/00430018 against Dr Lisle as the respondent by lodging a Tenancy application in which he claimed compensation for breach of the residential tenancy agreement (the Courtney application).

10. On 10 October 2024, the hearing of the Courtney application took place at Grafton with Mr Courtney representing himself and there being no appearance by or on behalf of Dr Lisle. The Tribunal constituted by General Member S Radburn by order 1 made a money order of $6,578.57 in favour of Mr Courtney (the 10 October 2024 order) and gave oral reasons for the decision (the 10 October 2024 decision).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1971a95101f785b0356e2d22)

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