Zhang v Pollasky [2023] NSWCATAP 154

Zhang v Pollasky [2023] NSWCATAP 154

The notice of appeal did not raise any question of law because its grounds challenged factual findings. The appellant did not satisfy any criterion in cl 12(1) of Sch 4 of the Civil and Administrative Tribunal Act 2013 (NSW): the digital photographs and video files were not significant new evidence because they were taken before or by 14 October 2022 and were reasonably available for the Tribunal hearing; the allegation that the tenants' photographs were fake was unsupported; the Tribunal was entitled to evaluate competing photographic and other evidence; and the appellant failed to provide a complete typed transcript enabling the Appeal Panel to assess whether the decision was against...

Jurisdiction
Australia
Judgment Date
08 June 2023
Procedural Posture
Internal Appeal in Residential Tenancy Proceedings / Appeal Panel Hearing of Appeal and Application for Leave to Appeal From the Consumer and Commercial Division
Outcome
Leave to appeal refused; appeal otherwise dismissed.
Legal Topics
['leave to Appeal' 'residential Tenancies Act 2010 (nsw)' 'quiet Enjoyment' 'rental Bond' 'compensation for Breach by Landlord' 'weight of Evidence' 'procedural Fairness' 'significant New Evidence']
['administrative Law' 'residential Tenancy Law' 'appeals'] ['leave to Appeal' 'residential Tenancies Act 2010 (nsw)' 'quiet Enjoyment' 'rental Bond' 'compensation for Breach by Landlord' 'weight of Evidence' 'procedural Fairness' 'significant New Evidence']

Case Brief

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Procedural Posture

Internal Appeal in Residential Tenancy Proceedings / Appeal Panel Hearing of Appeal and Application for Leave to Appeal From the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether the notice of appeal raised a question of law.' 'Whether leave to appeal should be granted against order 2 of the 24 March 2023 orders.' 'Whether significant new evidence had arisen that was not reasonably available at the time of the Tribunal hearing.' 'Whether the Tribunal Decision was not fair and equitable.' 'Whether the Tribunal Decision was against the weight of evidence.']

Ratio Decidendi

The notice of appeal did not raise any question of law because its grounds challenged factual findings. The appellant did not satisfy any criterion in cl 12(1) of Sch 4 of the Civil and Administrative Tribunal Act 2013 (NSW): the digital photographs and video files were not significant new evidence because they were taken before or by 14 October 2022 and were reasonably available for the Tribunal hearing; the allegation that the tenants' photographs were fake was unsupported; the Tribunal was entitled to evaluate competing photographic and other evidence; and the appellant failed to provide a complete typed transcript enabling the Appeal Panel to assess whether the decision was against...

Court Disposition

Leave to appeal refused; appeal otherwise dismissed.

Orders

  • ['Leave to appeal is refused.' 'The appeal is otherwise dismissed.']