Telford v Cooper [2021] NSWCATAP 335

Telford v Cooper [2021] NSWCATAP 335

The appeal in RT 21/21100 was dismissed because the Appeal Panel found no error in the Tribunal making the rent arrears order and refusing the adjournment; the arrears had been incurred and the bond had been offset. The appeal in RT 20/43247 succeeded because the Tribunal's reasons did not explain how it concluded the tenant's application was out of time, did not address whether there was a continuing breach extending beyond May 2020, and did not consider or raise the possibility of an extension of time under section 41 of the NCAT Act after finding the claim out of time, which constituted inadequate reasons and procedural unfairness.

Jurisdiction
Australia
Judgment Date
27 October 2021
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From Two Consumer and Commercial Division Residential Tenancy Decisions / Appeal Panel Decision
Outcome
Appeal dismissed in RT 21/21100; leave granted to bring the out-of-time appeal in RT 20/43247; appeal upheld in RT 20/43247 and remitted for determination by a differently constituted Tribunal.
Legal Topics
['adequacy of Reasons' 'procedural Fairness' 'extension of Time' 'adjournment' 'rent Reduction' 'rental Bond' 'rent Arrears']
['residential Tenancies' 'civil Procedure' 'administrative Law'] ['adequacy of Reasons' 'procedural Fairness' 'extension of Time' 'adjournment' 'rent Reduction' 'rental Bond' 'rent Arrears']

Case Brief

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From Two Consumer and Commercial Division Residential Tenancy Decisions / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether the Tribunal in RT 20/43247 gave adequate reasons for concluding that the tenant's compensation claim was out of time." "Whether the Tribunal in RT 20/43247 should have considered or raised an extension of time under section 41 of the NCAT Act after concluding that the tenant's claim was out of time." 'Whether the Tribunal in RT 21/21100 erred by refusing a one week adjournment pending the filing of an appeal.' 'Whether the tenant was denied a reasonable opportunity to be heard in RT 21/21100.']

Ratio Decidendi

The appeal in RT 21/21100 was dismissed because the Appeal Panel found no error in the Tribunal making the rent arrears order and refusing the adjournment; the arrears had been incurred and the bond had been offset. The appeal in RT 20/43247 succeeded because the Tribunal's reasons did not explain how it concluded the tenant's application was out of time, did not address whether there was a continuing breach extending beyond May 2020, and did not consider or raise the possibility of an extension of time under section 41 of the NCAT Act after finding the claim out of time, which constituted inadequate reasons and procedural unfairness.

Court Disposition

Appeal dismissed in RT 21/21100; leave granted to bring the out-of-time appeal in RT 20/43247; appeal upheld in RT 20/43247 and remitted for determination by a differently constituted Tribunal.

Orders

  • ["the appellant's appeal in respect of proceedings RT 21/21100 be dismissed" 'leave be granted to the appellant to bring the appeal lodged on 10 July 2021 in respect of application RT 20/43247' 'the appeal be upheld with respect to proceedings RT 20/43247' 'the proceedings be remitted for determination by a Tribunal...