Barnes v Barot [2023] NSWCATAP 199

Barnes v Barot [2023] NSWCATAP 199

The Appeal Panel refused leave and dismissed the appeal because the tenant established no error of law and no basis for leave. The Tribunal's reasons met the minimum standard, the findings were open on the evidence, the transcript did not show denial of procedural fairness, the Member sufficiently separated settlement discussion from the formal hearing, the proposed fresh evidence was reasonably available before the hearing, and the tenant's challenge amounted to dissatisfaction with the result rather than a substantial miscarriage of justice under cl. 12 of sch. 4 of the NCAT Act.

Jurisdiction
Australia
Judgment Date
20 July 2023
Procedural Posture
Residential Tenancy Internal Appeal / Appeal From Two Consumer and Commercial Division Decisions Dated 21 October 2022
Outcome
Leave to appeal refused; appeal dismissed; previous stay orders lifted immediately.
Legal Topics
['leave to Appeal' 'procedural Fairness' 'adequacy of Reasons' 'residential Tenancy Compensation' 'fresh Evidence' 'conciliation and Hearing Conduct']
['residential Tenancies' 'civil Procedure' 'administrative Law'] ['leave to Appeal' 'procedural Fairness' 'adequacy of Reasons' 'residential Tenancy Compensation' 'fresh Evidence' 'conciliation and Hearing Conduct']

Case Brief

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Procedural Posture

Residential Tenancy Internal Appeal / Appeal From Two Consumer and Commercial Division Decisions Dated 21 October 2022

Legal Issues

  1. 1 ['Whether the Tribunal gave inadequate reasons.' 'Whether the tenant was denied procedural fairness in the conduct of the hearing.' 'Whether the Member denied procedural fairness by participating in settlement discussions before hearing the proceedings.' 'Whether leave to appeal should be granted because the decisions were not fair and equitable or were against the weight of evidence.' 'Whether the tenant should be permitted to rely on fresh evidence on appeal.']

Ratio Decidendi

The Appeal Panel refused leave and dismissed the appeal because the tenant established no error of law and no basis for leave. The Tribunal's reasons met the minimum standard, the findings were open on the evidence, the transcript did not show denial of procedural fairness, the Member sufficiently separated settlement discussion from the formal hearing, the proposed fresh evidence was reasonably available before the hearing, and the tenant's challenge amounted to dissatisfaction with the result rather than a substantial miscarriage of justice under cl. 12 of sch. 4 of the NCAT Act.

Court Disposition

Leave to appeal refused; appeal dismissed; previous stay orders lifted immediately.

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.' 'Previous stay orders of the Appeal Panel are lifted immediately.']