MANSOUR v JAMIL [2002] NSWCA 48

MANSOUR v JAMIL [2002] NSWCA 48

The appellant failed to establish on the balance of probabilities the pleaded oral licence for value. The trial judge's findings concerning the alleged payments, maintenance work, caveat, Department of Housing material, financial circumstances, and Residential Tenancies Tribunal material were open on the evidence and not against its weight. The complaints of procedural unfairness, bias, inadequate representation, adjournment and subpoenas were not made out; the trial was conducted fairly. In any event, the pleaded licence would have been terminable on reasonable notice and its factual basis was not established.

Jurisdiction
Australia
Judgment Date
14 March 2002
Procedural Posture
Appeal From Judgment for Possession of Real Property / New South Wales Court of Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['licence for Value' 'possession of Land' 'weight of Evidence' 'balance of Probabilities' 'procedural Fairness' 'stay Pending Appeal' 'writ of Possession']
['real Property' 'civil Procedure'] ['licence for Value' 'possession of Land' 'weight of Evidence' 'balance of Probabilities' 'procedural Fairness' 'stay Pending Appeal' 'writ of Possession']

Case Brief

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Procedural Posture

Appeal From Judgment for Possession of Real Property / New South Wales Court of Appeal

Legal Issues

  1. 1 ['Whether the appellant established, on the balance of probabilities, an enforceable licence for value to occupy the Croydon Park property.' "Whether the trial judge's factual findings were against the weight of the evidence or otherwise in error." "Whether the appellant was denied procedural fairness or natural justice at trial, including in relation to representation, adjournment, subpoenas and the trial judge's handling of interruptions." 'Whether, even if established, the pleaded licence could give the appellant more than reasonable notice of termination.']

Ratio Decidendi

The appellant failed to establish on the balance of probabilities the pleaded oral licence for value. The trial judge's findings concerning the alleged payments, maintenance work, caveat, Department of Housing material, financial circumstances, and Residential Tenancies Tribunal material were open on the evidence and not against its weight. The complaints of procedural unfairness, bias, inadequate representation, adjournment and subpoenas were not made out; the trial was conducted fairly. In any event, the pleaded licence would have been terminable on reasonable notice and its factual basis was not established.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.' 'The costs to include the costs of the application for a stay.' 'Discharge as from the date of this judgment the stay made by Hodgson JA on 4 June 2001 and continued by this Court on 5 February 2002, to the intent that any payments, by way of occupation fee pursuant to the condition...