Li v Harrap [2024] NSWCATAP 108

Li v Harrap [2024] NSWCATAP 108

The appellant had a reasonable opportunity to present documentary evidence and to attend the final hearing, and his allegations of bias, procedural unfairness, weight-of-evidence error and new evidence did not justify intervention. However, the Tribunal's reasons did not explain how the $14,500 compensation amount was calculated, which was an error of law. The Appeal Panel reassessed compensation on the material before the Tribunal: $4,690 for loss arising from unsafe backyard and pool use, $2,500 as a global amount for discomfort and inconvenience from other repair items, plus $175 for the arborist report, producing a substituted amount of $7,365.

Jurisdiction
Australia
Judgment Date
13 June 2024
Procedural Posture
Residential Tenancy Internal Appeal / Appeal Panel Appeal From Orders of the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal Made on 1 February 2024
Outcome
Appeal allowed in part; leave to appeal otherwise refused and appeal dismissed.
Legal Topics
['landlord Repair Obligations' 'compensation for Breach of Residential Tenancy Agreement' 'procedural Fairness' 'bias' 'leave to Appeal' 'adequacy of Reasons' 'assessment of Compensation for Discomfort and Inconvenience']
['residential Tenancy' 'leases and Tenancies' 'administrative Law' 'appeals'] ['landlord Repair Obligations' 'compensation for Breach of Residential Tenancy Agreement' 'procedural Fairness' 'bias' 'leave to Appeal' 'adequacy of Reasons' 'assessment of Compensation for Discomfort and Inconvenience']

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Procedural Posture

Residential Tenancy Internal Appeal / Appeal Panel Appeal From Orders of the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal Made on 1 February 2024

Legal Issues

  1. 1 ['Whether the Tribunal was actually or apprehendedly biased.' 'Whether the appellant was denied procedural fairness because he was allegedly unaware of the need to file evidence and of the nature of the final hearing.' 'Whether the decision was against the weight of evidence.' 'Whether significant new evidence justified leave to appeal.' 'Whether the Tribunal gave adequate reasons for awarding $14,500 compensation for breach.' "What amount of compensation should be substituted for the Tribunal's compensation award."]

Ratio Decidendi

The appellant had a reasonable opportunity to present documentary evidence and to attend the final hearing, and his allegations of bias, procedural unfairness, weight-of-evidence error and new evidence did not justify intervention. However, the Tribunal's reasons did not explain how the $14,500 compensation amount was calculated, which was an error of law. The Appeal Panel reassessed compensation on the material before the Tribunal: $4,690 for loss arising from unsafe backyard and pool use, $2,500 as a global amount for discomfort and inconvenience from other repair items, plus $175 for the arborist report, producing a substituted amount of $7,365.

Court Disposition

Appeal allowed in part; leave to appeal otherwise refused and appeal dismissed.

Orders

  • ['Melissa Fournier is joined as a respondent to the appeal.' 'Appeal allowed in part.' 'Order 1 made by the Tribunal on 1 February 2024 is set aside and in substitution for that order the appellant is to pay the respondents $7,365.00, immediately.' 'Otherwise, leave to appeal is refused and the appeal is dismissed.']