McKerlie v Leeser [2023] NSWCATAP 11

McKerlie v Leeser [2023] NSWCATAP 11

The Tribunal's refusal to decide immediately the issue of the agent's further involvement was an appealable interlocutory decision, but leave to appeal was refused because the matter concerned case management and representation, no issue of public interest or principle and no substantial injustice or sufficient doubt was shown, the factual allegations about the agent were contested and could be dealt with at the final hearing, and the Tribunal has no inherent common law jurisdiction beyond its statutory powers. The s 54 referral application was dismissed because no appropriate question of law was framed and the issues depended on disputed facts.

Jurisdiction
Australia
Judgment Date
23 January 2023
Procedural Posture
Appeal in Residential Tenancy Proceedings / Application for Leave to Appeal an Interlocutory Decision and Application to Refer a Question of Law to the Supreme Court Under S 54 of the Civil and Administrative Tribunal Act 2013
Outcome
The application for leave to appeal was refused, the appeal was otherwise dismissed, and the application to refer a question of law was dismissed.
Legal Topics
['leave to Appeal Interlocutory Decision' 'referral of Question of Law to the Supreme Court' 'representation Before the Tribunal' 'statutory Jurisdiction of the Tribunal']
['practice and Procedure' 'residential Tenancies' 'administrative Law'] ['leave to Appeal Interlocutory Decision' 'referral of Question of Law to the Supreme Court' 'representation Before the Tribunal' 'statutory Jurisdiction of the Tribunal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal in Residential Tenancy Proceedings / Application for Leave to Appeal an Interlocutory Decision and Application to Refer a Question of Law to the Supreme Court Under S 54 of the Civil and Administrative Tribunal Act 2013

Legal Issues

  1. 1 ["Whether the Tribunal's refusal on 2 November 2022 to deal immediately with the landlord's agent's further involvement was a decision capable of appeal with leave." 'Whether leave to appeal the interlocutory decision should be granted.' 'Whether a question of law should be referred to the Supreme Court of New South Wales under s 54 of the Civil and Administrative Tribunal Act 2013.']

Ratio Decidendi

The Tribunal's refusal to decide immediately the issue of the agent's further involvement was an appealable interlocutory decision, but leave to appeal was refused because the matter concerned case management and representation, no issue of public interest or principle and no substantial injustice or sufficient doubt was shown, the factual allegations about the agent were contested and could be dealt with at the final hearing, and the Tribunal has no inherent common law jurisdiction beyond its statutory powers. The s 54 referral application was dismissed because no appropriate question of law was framed and the issues depended on disputed facts.

Court Disposition

The application for leave to appeal was refused, the appeal was otherwise dismissed, and the application to refer a question of law was dismissed.

Orders

  • ['The application for leave to appeal is refused and the appeal is otherwise dismissed.' 'The application to refer a question of law under s 54 of the Civil and Administrative Tribunal Act 2013 is dismissed.']