Pan v Shanehsazzadeh [2024] NSWCATAP 23

Pan v Shanehsazzadeh [2024] NSWCATAP 23

Leave to appeal was refused because the landlord identified no arguable error on a question of law and did not satisfy the limited grounds for leave under Sch 4 cl 12 of the Civil and Administrative Tribunal Act 2013 (NSW). The Tribunal's finding that the 20 August 2022 Notice of Rent Increase was not served was open on the evidence, the September 2022 email could not be a valid rent increase notice because it did not give 60 days' notice and was not validly served electronically, and the proposed mail book extract was not significant new evidence because it was available to the landlord at the time of the Tribunal hearing.

Jurisdiction
Australia
Judgment Date
19 February 2024
Procedural Posture
Internal Appeal in Residential Tenancy Proceedings / Appeal Panel Decision on Leave to Appeal and Appeal From Consumer and Commercial Division Decision Dated 20 September 2023
Outcome
Leave to appeal refused; appeal otherwise dismissed.
Legal Topics
['notice of Rent Increase' 'renewal of Fixed Term Residential Tenancy Agreement' 'overpaid Rent' 'rental Bond Refund' 'extension of Time' 'leave to Appeal' 'significant New Evidence' 'weight of Evidence']
['leases and Tenancies' 'residential Tenancy Law' 'administrative Law' 'civil Procedure'] ['notice of Rent Increase' 'renewal of Fixed Term Residential Tenancy Agreement' 'overpaid Rent' 'rental Bond Refund' 'extension of Time' 'leave to Appeal' 'significant New Evidence' 'weight of Evidence']

Case Brief

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Procedural Posture

Internal Appeal in Residential Tenancy Proceedings / Appeal Panel Decision on Leave to Appeal and Appeal From Consumer and Commercial Division Decision Dated 20 September 2023

Legal Issues

  1. 1 ['Whether the landlord established any error on a question of law in the Tribunal decision.' 'Whether leave to appeal should be granted on the basis that the decision was not fair and equitable, was against the weight of evidence, or significant new evidence had arisen.' 'Whether the landlord validly served a Notice of Rent Increase before the renewed tenancy commencing 1 November 2022.' 'Whether the proposed mail book extract was significant new evidence not reasonably available at the Tribunal hearing.']

Ratio Decidendi

Leave to appeal was refused because the landlord identified no arguable error on a question of law and did not satisfy the limited grounds for leave under Sch 4 cl 12 of the Civil and Administrative Tribunal Act 2013 (NSW). The Tribunal's finding that the 20 August 2022 Notice of Rent Increase was not served was open on the evidence, the September 2022 email could not be a valid rent increase notice because it did not give 60 days' notice and was not validly served electronically, and the proposed mail book extract was not significant new evidence because it was available to the landlord at the time of the Tribunal hearing.

Court Disposition

Leave to appeal refused; appeal otherwise dismissed.

Orders

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