Sebie v Pham [2019] NSWCA 184

Sebie v Pham [2019] NSWCA 184

Leave to appeal was refused because the proposed grounds disclosed no arguable material error: Ms Oswald's evidence was read, tested and analysed by Kunc J; the rent receipts were not in evidence because they were not formally tendered; the procedural fairness complaint by Mrs Rose Sebie had no proper basis; alleged errors about Robert Sebie being a sole carer were immaterial; and the notice argument relied on material not before Kunc J and did not undermine the finding that no leases, properly so called, engaged the Real Property Act.

Jurisdiction
Australia
Judgment Date
17 July 2019
Procedural Posture
Application for Leave to Appeal / Court of Appeal Hearing of Amended Summons Seeking Leave to Appeal From Supreme Court Equity Division Decisions
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['leave to Appeal' 'writ of Possession' 'procedural Fairness' 'tender of Evidence' 'tenancies and Registered Proprietors' 'real Property Act 1900 (nsw), S 42(1)(d)']
['practice and Procedure' 'real Property'] ['leave to Appeal' 'writ of Possession' 'procedural Fairness' 'tender of Evidence' 'tenancies and Registered Proprietors' 'real Property Act 1900 (nsw), S 42(1)(d)']

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Hearing of Amended Summons Seeking Leave to Appeal From Supreme Court Equity Division Decisions

Legal Issues

  1. 1 ['Whether Kunc J failed to consider the evidence of Ms Jade Oswald.' 'Whether Kunc J erred by not taking into account fortnightly rent receipts said to support the existence of lease agreements.' 'Whether Mrs Rose Sebie was denied procedural fairness before Kunc J.' 'Whether alleged tenancies or leases provided a basis to resist the issue of a writ of possession.' "Whether asserted errors concerning notice of tenancies or Mr Robert Sebie's role as carer had any materiality to the correctness of Kunc J's reasons."]

Ratio Decidendi

Leave to appeal was refused because the proposed grounds disclosed no arguable material error: Ms Oswald's evidence was read, tested and analysed by Kunc J; the rent receipts were not in evidence because they were not formally tendered; the procedural fairness complaint by Mrs Rose Sebie had no proper basis; alleged errors about Robert Sebie being a sole carer were immaterial; and the notice argument relied on material not before Kunc J and did not undermine the finding that no leases, properly so called, engaged the Real Property Act.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ['Application for leave to appeal dismissed with costs']