ZYK v Soo [2022] NSWCATAP 135

ZYK v Soo [2022] NSWCATAP 135

The Appeal Panel refused the application for extension of time to appeal the summons refusal for lack of evidence and procedural compliance, and found no error by the Tribunal in exercising discretion to grant the landlord additional time to apply for termination. The Tribunal’s findings that the termination notice was not retaliatory or unfair were reasonably open on the evidence and did not warrant leave to appeal. The appeal was dismissed.

Parties
First Appellant: ZYK; Second Appellant: ZYL; First Respondent: Sylvie Soo; Second Respondent: Richard Soo
Jurisdiction
Australia
Judgment Date
02 May 2022
Procedural Posture
Internal Appeal / Decision on Application for Extension of Time and Leave to Appeal
Outcome
Appeal dismissed; extension of time and leave to appeal refused.
Legal Topics
Interlocutory Decisions, Extension of Time, Leave to Appeal, Termination of Tenancy, Retaliatory Notice, Procedural Fairness
Administrative Law Residential Tenancy Law Interlocutory Decisions Extension of Time Leave to Appeal Termination of Tenancy Retaliatory Notice Procedural Fairness

Case Brief

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Parties

ZYK

First Appellant

ZYL

Second Appellant

Sylvie Soo

First Respondent

Richard Soo

Second Respondent

Procedural Posture

Internal Appeal / Decision on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether to grant extension of time to appeal refusal to issue summonses
  2. 2 Whether to grant leave to appeal Tribunal’s extension of time for landlord’s termination application
  3. 3 Whether Tribunal’s finding that termination notice was not retaliatory is against the weight of evidence or not fair and equitable

Ratio Decidendi

The Appeal Panel refused the application for extension of time to appeal the summons refusal for lack of evidence and procedural compliance, and found no error by the Tribunal in exercising discretion to grant the landlord additional time to apply for termination. The Tribunal’s findings that the termination notice was not retaliatory or unfair were reasonably open on the evidence and did not warrant leave to appeal. The appeal was dismissed.

Court Disposition

Appeal dismissed; extension of time and leave to appeal refused.

Orders

  • An extension of time to enable the appellant to appeal against the Tribunal's refusal to issue summonses, said to have been made on 15 November 2021, is refused.
  • Leave to appeal is otherwise refused.