St John v Hall [2024] NSWCATAP 175

St John v Hall [2024] NSWCATAP 175

Leave to appeal was refused because the landlord identified no error on a question of law, the Tribunal member's findings on the dismissed claims were available on the oral and documentary evidence before him, and the decision was not against the weight of evidence. The new photographs were mostly available at the time of the original hearing and the BMW Flooring report, although prepared later, could have been obtained earlier and was not reliable evidence of the flooring condition at the end of the tenancy. The landlord therefore did not establish that she may have suffered a substantial miscarriage of justice.

Jurisdiction
Australia
Judgment Date
09 September 2024
Procedural Posture
Internal Appeal Under S 80 of the Civil and Administrative Tribunal Act 2013 (nsw) From a Consumer and Commercial Division Residential Tenancy Bond and Compensation Decision / Appeal Panel Determination of Leave to Appeal and Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['bond Claim' 'end of Tenancy Compensation' 'leave to Appeal' 'decision Against the Weight of Evidence' 'significant New Evidence']
['leases and Tenancies' 'residential Tenancy' 'civil Procedure'] ['bond Claim' 'end of Tenancy Compensation' 'leave to Appeal' 'decision Against the Weight of Evidence' 'significant New Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Internal Appeal Under S 80 of the Civil and Administrative Tribunal Act 2013 (nsw) From a Consumer and Commercial Division Residential Tenancy Bond and Compensation Decision / Appeal Panel Determination of Leave to Appeal and Appeal

Legal Issues

  1. 1 ["Whether the Tribunal's decision was affected by an error on a question of law." 'Whether leave to appeal should be granted because the landlord may have suffered a substantial miscarriage of justice on the basis that the decision was against the weight of evidence.' 'Whether leave to appeal should be granted because significant new evidence had arisen that was not reasonably available at the time of the Tribunal proceedings.']

Ratio Decidendi

Leave to appeal was refused because the landlord identified no error on a question of law, the Tribunal member's findings on the dismissed claims were available on the oral and documentary evidence before him, and the decision was not against the weight of evidence. The new photographs were mostly available at the time of the original hearing and the BMW Flooring report, although prepared later, could have been obtained earlier and was not reliable evidence of the flooring condition at the end of the tenancy. The landlord therefore did not establish that she may have suffered a substantial miscarriage of justice.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • ['Leave to appeal is refused.' 'Appeal dismissed.']