Johnson v Nachar [2024] NSWCATAP 135

Johnson v Nachar [2024] NSWCATAP 135

The one-day delay in filing the notice of appeal warranted an extension because it was very short, the notice was signed within time, and no prejudice was shown. Leave to appeal was refused and the appeal dismissed because the proposed strata and phone records existed and could reasonably have been obtained before the first hearing, did not establish that the tenant had notified the landlord's agent of an unrepaired bathroom leak or inability to use the bathroom, and therefore did not show a substantial miscarriage of justice. The Tribunal's finding that mid-April 2023 was the appropriate end date for the rent reduction was not against the weight of evidence. The procedural fairness...

Jurisdiction
Australia
Judgment Date
10 July 2024
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) Concerning a Residential Tenancy Compensation Claim Under the Residential Tenancies Act 2010 (nsw) / Appeal Panel Determination of Extension of Time, Leave to Appeal, and Appeal
Outcome
Extension of time granted; leave to appeal refused; appeal dismissed.
Legal Topics
['breach of Tenancy Agreement' 'failure to Maintain Residential Premises in Reasonable Repair' 'assessment of Compensation' 'internal Appeal' 'extension of Time' 'leave to Appeal' 'fresh Evidence' 'procedural Fairness' 'no Evidence or Weight of Evidence']
['residential Tenancies' 'civil and Administrative Tribunal Procedure'] ['breach of Tenancy Agreement' 'failure to Maintain Residential Premises in Reasonable Repair' 'assessment of Compensation' 'internal Appeal' 'extension of Time' 'leave to Appeal' 'fresh Evidence' 'procedural Fairness' 'no Evidence or Weight of Evidence']

Case Brief

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) Concerning a Residential Tenancy Compensation Claim Under the Residential Tenancies Act 2010 (nsw) / Appeal Panel Determination of Extension of Time, Leave to Appeal, and Appeal

Legal Issues

  1. 1 ['Whether time to file the notice of appeal should be extended by one day.' "Whether the Tribunal's finding that the landlord's agent was not told that the main bathroom leak had not been repaired was against the weight of evidence." 'Whether strata manager records and phone records should be admitted as significant new evidence.' 'Whether the tenant was denied procedural fairness because video evidence was allegedly not considered.']

Ratio Decidendi

The one-day delay in filing the notice of appeal warranted an extension because it was very short, the notice was signed within time, and no prejudice was shown. Leave to appeal was refused and the appeal dismissed because the proposed strata and phone records existed and could reasonably have been obtained before the first hearing, did not establish that the tenant had notified the landlord's agent of an unrepaired bathroom leak or inability to use the bathroom, and therefore did not show a substantial miscarriage of justice. The Tribunal's finding that mid-April 2023 was the appropriate end date for the rent reduction was not against the weight of evidence. The procedural fairness...

Court Disposition

Extension of time granted; leave to appeal refused; appeal dismissed.

Orders

  • ['Leave to extend time to file the Notice of Appeal to 5 December 2023.' 'Leave to appeal refused.' 'Appeal dismissed.']