Kennedy v Boustani-Nasr [2022] NSWCATAP 108

Kennedy v Boustani-Nasr [2022] NSWCATAP 108

The appeal was dismissed because the only issue before the Tribunal below was rent arrears, the evidence showed arrears exceeding $15,000, the appellant did not show that the arrears did not exist or were less than $15,000, the material provided would not have produced a different outcome, the notation that the tenant did not dispute the arrears was not challenged, the appellant's written submission was not relevant to the rent arrears issue, and no error of law, substantial miscarriage of justice, ground for leave, or fresh evidence was established.

Jurisdiction
Australia
Judgment Date
11 April 2022
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 From a Consumer and Commercial Division Residential Tenancy Decision / Appeal Panel Decision
Outcome
The appeal is dismissed.
Legal Topics
['internal Appeal' 'rent Arrears' 'leave to Appeal' 'question of Law' 'substantial Miscarriage of Justice' 'procedural Fairness']
['residential Tenancies' 'civil Procedure' 'administrative Law'] ['internal Appeal' 'rent Arrears' 'leave to Appeal' 'question of Law' 'substantial Miscarriage of Justice' 'procedural Fairness']

Case Brief

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 From a Consumer and Commercial Division Residential Tenancy Decision / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether the appellant demonstrated an error of law in the Tribunal's order for payment of rent arrears." 'Whether leave to appeal should be granted from a Consumer and Commercial Division decision.' 'Whether the appellant may have suffered a substantial miscarriage of justice because the decision was not fair and equitable, was against the weight of evidence, or significant new evidence had arisen.' "Whether the Tribunal failed to take into account the appellant's written submission in a way relevant to the rent arrears issue."]

Ratio Decidendi

The appeal was dismissed because the only issue before the Tribunal below was rent arrears, the evidence showed arrears exceeding $15,000, the appellant did not show that the arrears did not exist or were less than $15,000, the material provided would not have produced a different outcome, the notation that the tenant did not dispute the arrears was not challenged, the appellant's written submission was not relevant to the rent arrears issue, and no error of law, substantial miscarriage of justice, ground for leave, or fresh evidence was established.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.']