MacPherson v Chow [2020] NSWCATAP 119

MacPherson v Chow [2020] NSWCATAP 119

The appeal was dismissed because the documents allegedly overlooked by the Tribunal were not in evidence before it at the time of the relevant decision. No error of law or substantial miscarriage of justice was demonstrated. Leave to appeal was refused as the statutory requirements were not satisfied.

Parties
First Appellant: Alexander MacPherson; Second Appellant: Mohd Fazzel Huzaine bin Mohd Zaki; First Respondent: William Chow; Second Respondent: Selina Chow
Jurisdiction
Australia
Judgment Date
23 June 2020
Procedural Posture
Appeal / Determination of Appeal Against Dismissal of Tenancy Application
Outcome
Appeal dismissed; leave to appeal refused; extension of time granted
Legal Topics
Appeal on Question of Law, Leave to Appeal, Extension of Time, Evidential Requirements in Tribunal Proceedings
Residential Tenancy Administrative Law Appeal on Question of Law Leave to Appeal Extension of Time Evidential Requirements in Tribunal Proceedings

Case Brief

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Parties

Alexander MacPherson

First Appellant

Mohd Fazzel Huzaine bin Mohd Zaki

Second Appellant

William Chow

First Respondent

Selina Chow

Second Respondent

Procedural Posture

Appeal / Determination of Appeal Against Dismissal of Tenancy Application

Legal Issues

  1. 1 Whether Tribunal overlooked critical evidence (building report, by-laws) and thereby erred in law
  2. 2 Whether the Tribunal's decision was unfair, inequitable, or against the weight of evidence
  3. 3 Whether significant new evidence supports leave to appeal

Ratio Decidendi

The appeal was dismissed because the documents allegedly overlooked by the Tribunal were not in evidence before it at the time of the relevant decision. No error of law or substantial miscarriage of justice was demonstrated. Leave to appeal was refused as the statutory requirements were not satisfied.

Court Disposition

Appeal dismissed; leave to appeal refused; extension of time granted

Orders

  • Time for lodgement of the Notice of Appeal is extended to 6 January 2020.
  • Leave to appeal is refused.