Langford-Smith v Harris [2017] NSWCATAP 198

Langford-Smith v Harris [2017] NSWCATAP 198

The appeal was allowed only in part because the parties accepted that the Tribunal erred about the vacant possession date, requiring an increase equivalent to eight days' rent, and because the tenant's bank records were before the Tribunal and supported the first ground of appeal, making the compensation decision against the weight of the evidence to that extent. No arguable error of law was shown, the remaining grounds did not warrant leave because they were not raised below, had already been dealt with, or were not established, and no special circumstances justified costs.

Jurisdiction
Australia
Judgment Date
10 October 2017
Procedural Posture
Residential Tenancy Appeal / Appeal Panel Application for Extension of Time and Leave to Appeal From a Consumer and Commercial Division Decision
Outcome
Time extended, leave to appeal granted in part, appeal allowed in part, Decision varied to increase compensation, and appeal otherwise dismissed.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'vacant Possession Date' "compensation for Landlord's Breach" 'costs in Tribunal Proceedings' 'new Arguments on Appeal']
['residential Tenancy' 'civil Procedure' 'administrative Law'] ['extension of Time to Appeal' 'leave to Appeal' 'vacant Possession Date' "compensation for Landlord's Breach" 'costs in Tribunal Proceedings' 'new Arguments on Appeal']

Case Brief

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Procedural Posture

Residential Tenancy Appeal / Appeal Panel Application for Extension of Time and Leave to Appeal From a Consumer and Commercial Division Decision

Legal Issues

  1. 1 ['Whether time for filing the Notice of Appeal should be extended.' "Whether leave to appeal should be granted in relation to the date on which the tenant gave vacant possession and the tenant's first ground of appeal." "Whether the Tribunal's compensation calculation was against the weight of the evidence in relation to accommodation costs evidenced by bank records." "Whether other grounds of appeal should be entertained where they were not raised in the tenant's original application or were not otherwise established." 'Whether the tenant should receive costs or lost income.']

Ratio Decidendi

The appeal was allowed only in part because the parties accepted that the Tribunal erred about the vacant possession date, requiring an increase equivalent to eight days' rent, and because the tenant's bank records were before the Tribunal and supported the first ground of appeal, making the compensation decision against the weight of the evidence to that extent. No arguable error of law was shown, the remaining grounds did not warrant leave because they were not raised below, had already been dealt with, or were not established, and no special circumstances justified costs.

Court Disposition

Time extended, leave to appeal granted in part, appeal allowed in part, Decision varied to increase compensation, and appeal otherwise dismissed.

Orders

  • ['The time for the filing of the Notice of Appeal be extended to 5 April 2017.' "Leave to appeal be granted in respect of the date on which the tenant gave the landlord vacant possession of the premises and the tenant's first ground of appeal and the appeal allowed in part." 'Order (1) of the Decision be varied so...