El-Saeidy v NSW Land and Housing Corporation [2016] NSWCATAP 155

El-Saeidy v NSW Land and Housing Corporation [2016] NSWCATAP 155

The appellant did not establish any error of law, denial of procedural fairness, actual bias, apprehended bias, or basis for leave to appeal. The Tribunal had heard the appellant's reasons for seeking an adjournment and was entitled to refuse it because he knew the matters in issue and the additional material would not have altered the issues before the Tribunal. Prior adverse decisions by the same member in another capacity did not establish bias. The set aside application was misconceived because the respondent did not consent and the appellant was not absent from the 15 April 2015 hearing. The decisions and orders were open on the evidence.

Jurisdiction
Australia
Judgment Date
22 July 2016
Procedural Posture
Internal Appeal in Residential Tenancy Proceedings / Appeal Panel Determination on the Papers
Outcome
Appeals dismissed.
Legal Topics
['internal Appeal' 'procedural Fairness' 'adjournment' 'actual Bias and Apprehended Bias' 'set Aside Application' 'leave to Appeal' 'access to Residential Premises' 'tenant Obligation to Mow Lawns']
['residential Tenancies' 'administrative Law' 'civil Procedure'] ['internal Appeal' 'procedural Fairness' 'adjournment' 'actual Bias and Apprehended Bias' 'set Aside Application' 'leave to Appeal' 'access to Residential Premises' 'tenant Obligation to Mow Lawns']

Case Brief

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Procedural Posture

Internal Appeal in Residential Tenancy Proceedings / Appeal Panel Determination on the Papers

Legal Issues

  1. 1 ['Whether the appellant was denied procedural fairness when the Tribunal refused his application for an adjournment.' 'Whether Tribunal Member Bradford was actually biased or whether there was apprehended bias.' "Whether the Tribunal failed to give sufficient weight to the appellant's evidence in making the order that he mow the lawn." "Whether the Tribunal erred in dismissing the appellant's application to set aside the 15 April 2015 decision."]

Ratio Decidendi

The appellant did not establish any error of law, denial of procedural fairness, actual bias, apprehended bias, or basis for leave to appeal. The Tribunal had heard the appellant's reasons for seeking an adjournment and was entitled to refuse it because he knew the matters in issue and the additional material would not have altered the issues before the Tribunal. Prior adverse decisions by the same member in another capacity did not establish bias. The set aside application was misconceived because the respondent did not consent and the appellant was not absent from the 15 April 2015 hearing. The decisions and orders were open on the evidence.

Court Disposition

Appeals dismissed.

Orders

  • ["The appellant's appeal of the Tribunal's decision in file no SH 15/14772 is dismissed." "The appellant's appeal of the Tribunal's decision in file no SH 15/30181 is dismissed."]