Singh v Fobubu Pty Ltd [2018] NSWCATAP 182

Singh v Fobubu Pty Ltd [2018] NSWCATAP 182

Although leave to appeal out of time was granted, the appellant failed to establish any error of law or miscarriage of justice. The Tribunal below correctly found that s 7(h) of the Residential Tenancies Act 2010 did not apply as the residential tenancy and retail lease concerned separate premises (shop and residence), and there was no evidence the orders required double payment of rent; any issue with tax compliance by the landlord did not excuse rental payments. The refusal to adjourn was not unjustifiable on the evidence provided.

Jurisdiction
Australia
Judgment Date
26 July 2018
Procedural Posture
Appeal / Determination of Interlocutory and Substantive Issues on Appeal From Tribunal's Consumer and Commercial Division
Outcome
Appeal dismissed
Legal Topics
['extension of Time to Appeal' 'application of Residential Tenancies Act 2010 S 7(h)' 'adjournment Application' 'rent Arrears' 'interlocutory Relief']
['residential Tenancy' 'tribunal Procedure' 'civil Procedure'] ['extension of Time to Appeal' 'application of Residential Tenancies Act 2010 S 7(h)' 'adjournment Application' 'rent Arrears' 'interlocutory Relief']

Case Brief

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Procedural Posture

Appeal / Determination of Interlocutory and Substantive Issues on Appeal From Tribunal's Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether appeal should be allowed out of time' 'Whether s 7(h) of the Residential Tenancies Act 2010 applied to exclude the Act' 'Whether orders below resulted in requirement to pay rent twice' 'Whether refusal to adjourn was justified' 'Whether evidentiary or legal error in calculation of arrears or treatment of tax invoices']

Ratio Decidendi

Although leave to appeal out of time was granted, the appellant failed to establish any error of law or miscarriage of justice. The Tribunal below correctly found that s 7(h) of the Residential Tenancies Act 2010 did not apply as the residential tenancy and retail lease concerned separate premises (shop and residence), and there was no evidence the orders required double payment of rent; any issue with tax compliance by the landlord did not excuse rental payments. The refusal to adjourn was not unjustifiable on the evidence provided.

Court Disposition

Appeal dismissed

Orders

  • ['Time for lodgement of appeal extended to 14 May 2018' 'Leave to appeal granted' 'Appeal dismissed' 'Stay order made on 29 May 2018 is lifted']