Abdel-Messih v Dai [2017] NSWCATAP 76

Abdel-Messih v Dai [2017] NSWCATAP 76

Leave to appeal was refused because the tenant identified no question of law and did not establish grounds justifying leave. The internet clause, even with the handwritten word "Included", did not oblige the landlord to pay ongoing internet usage costs; the dryer dispute concerned only quantum of compensation; the showerheads finding disclosed no legal error or basis for leave; and the cockroach claim failed on factual findings that the tenant had not proved the infestation was attributable to the landlord.

Jurisdiction
Australia
Judgment Date
31 March 2017
Procedural Posture
Residential Tenancy Appeal / Appeal Panel Decision on Leave to Appeal and Appeal From Consumer and Commercial Division Decision
Outcome
Leave to appeal is refused and the appeal is dismissed.
Legal Topics
['leave to Appeal' 'substantial Miscarriage of Justice' 'tenancy Agreement Construction' 'compensation for Alleged Breach of Residential Tenancy Obligations' 'internet Services' 'repairs and Maintenance' 'pest Treatment']
['administrative Law' 'residential Tenancies'] ['leave to Appeal' 'substantial Miscarriage of Justice' 'tenancy Agreement Construction' 'compensation for Alleged Breach of Residential Tenancy Obligations' 'internet Services' 'repairs and Maintenance' 'pest Treatment']

Case Brief

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Procedural Posture

Residential Tenancy Appeal / Appeal Panel Decision on Leave to Appeal and Appeal From Consumer and Commercial Division Decision

Legal Issues

  1. 1 ['Whether leave to appeal should be granted under Sch 4 cl 12 of the Civil and Administrative Tribunal Act 2013 on the grounds that the decision was not fair and equitable or was against the weight of evidence.' 'Whether the tenancy agreement required the landlord to provide and pay for ongoing internet services.' 'Whether the compensation awarded for a defective dryer should be increased.' 'Whether the landlord breached obligations in relation to noisy showerheads.' "Whether the tenant established that cockroach infestation was attributable to the landlord's breach of obligations."]

Ratio Decidendi

Leave to appeal was refused because the tenant identified no question of law and did not establish grounds justifying leave. The internet clause, even with the handwritten word "Included", did not oblige the landlord to pay ongoing internet usage costs; the dryer dispute concerned only quantum of compensation; the showerheads finding disclosed no legal error or basis for leave; and the cockroach claim failed on factual findings that the tenant had not proved the infestation was attributable to the landlord.

Court Disposition

Leave to appeal is refused and the appeal is dismissed.

Orders

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