Germaine v Plunkett [2021] NSWCATAP 280

Germaine v Plunkett [2021] NSWCATAP 280

Although the Tenants were entitled to receive the Landlords' material before the hearing by the ordered method, no practical injustice or procedural unfairness occurred because the Tribunal's rejection of the excessive rent claim did not depend on that material. The Tribunal rejected the garage claim because it found the Tenants used the relevant garage space as a gym and had not lost services or facilities, and rejected the floorboards claim because it found the temporary plyboard solution allowed the home to continue being used without loss of services. The remaining complaints were factual re-agitations, disclosed no error of law or other appealable ground, and did not satisfy the...

Jurisdiction
Australia
Judgment Date
17 September 2021
Procedural Posture
Internal Appeal in a Residential Tenancy Matter Concerning an Excessive Rent Claim / Appeal From a Consumer and Commercial Division Decision Dated 14 May 2021; Application for Leave to Appeal and Extension of Time
Outcome
Fiona Germaine was joined as second appellant, time to appeal was extended, the application for leave to appeal was dismissed, and the appeal was dismissed.
Legal Topics
['procedural Fairness' 'hearing Rule' 'notice of Evidence' 'excessive Rent' 'reduction or Withdrawal of Services or Facilities' 'leave to Appeal' 'extension of Time' 'joinder']
['administrative Law' 'residential Tenancies'] ['procedural Fairness' 'hearing Rule' 'notice of Evidence' 'excessive Rent' 'reduction or Withdrawal of Services or Facilities' 'leave to Appeal' 'extension of Time' 'joinder']

Case Brief

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Procedural Posture

Internal Appeal in a Residential Tenancy Matter Concerning an Excessive Rent Claim / Appeal From a Consumer and Commercial Division Decision Dated 14 May 2021; Application for Leave to Appeal and Extension of Time

Legal Issues

  1. 1 ["Whether the Tenants were denied procedural fairness because the Landlords' material was not served by post or by hand before the hearing." 'Whether the Tribunal erred in rejecting the excessive rent claim concerning the faulty garage door.' 'Whether the Tribunal erred in rejecting the excessive rent claim concerning the removed floorboards and temporary plyboard repair.' 'Whether leave to appeal should be granted on grounds other than a question of law.' 'Whether time to appeal should be extended.' 'Whether Fiona Germaine should be joined as a party to the appeal.']

Ratio Decidendi

Although the Tenants were entitled to receive the Landlords' material before the hearing by the ordered method, no practical injustice or procedural unfairness occurred because the Tribunal's rejection of the excessive rent claim did not depend on that material. The Tribunal rejected the garage claim because it found the Tenants used the relevant garage space as a gym and had not lost services or facilities, and rejected the floorboards claim because it found the temporary plyboard solution allowed the home to continue being used without loss of services. The remaining complaints were factual re-agitations, disclosed no error of law or other appealable ground, and did not satisfy the...

Court Disposition

Fiona Germaine was joined as second appellant, time to appeal was extended, the application for leave to appeal was dismissed, and the appeal was dismissed.

Orders

  • ['Fiona Germaine is joined to the appeal as the second appellant.' 'Time to appeal is extended up to and including 7 June 2021.' 'The application for leave to appeal is dismissed.' 'The appeal is dismissed.']