Katuruza v Sifri [2022] NSWCATAP 290

Katuruza v Sifri [2022] NSWCATAP 290

The appeal was allowed because the tenant did not receive notice of the 2 June 2022 hearing, the notice having been sent to her old address after she had moved out, and her absence resulted in her case not being adequately put to the Tribunal. The tenant also demonstrated arguable and bona fide defences to the landlord's compensation claims, so there was a real likelihood of injustice if the orders stood. The Tribunal was therefore satisfied that the tenant had not been afforded a reasonable opportunity to be heard.

Jurisdiction
Australia
Judgment Date
07 September 2022
Procedural Posture
Residential Tenancy Appeal / Appeal Panel Hearing of Extension of Time and Appeal From Orders Made in Proceedings RT 22/11493
Outcome
Extension of time granted; appeal allowed; Tribunal orders set aside; proceedings remitted for re-hearing and determination.
Legal Topics
['procedural Fairness' 'natural Justice' 'hearing Rule' 'orders Made in Absence of a Party' 'extension of Time to Appeal' 'residential Tenancy Compensation']
['administrative Law' 'residential Tenancy Law'] ['procedural Fairness' 'natural Justice' 'hearing Rule' 'orders Made in Absence of a Party' 'extension of Time to Appeal' 'residential Tenancy Compensation']

Case Brief

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Procedural Posture

Residential Tenancy Appeal / Appeal Panel Hearing of Extension of Time and Appeal From Orders Made in Proceedings RT 22/11493

Legal Issues

  1. 1 ['Whether time to file the Notice of Appeal should be extended to 7 July 2022.' 'Whether the tenant was denied procedural fairness because the 2 June 2022 hearing proceeded in her absence after notice was sent to her former address.' "Whether the tenant's absence resulted in her case not being adequately put to the Tribunal." "Whether the tenant had arguable and bona fide defences to the landlord's compensation claims."]

Ratio Decidendi

The appeal was allowed because the tenant did not receive notice of the 2 June 2022 hearing, the notice having been sent to her old address after she had moved out, and her absence resulted in her case not being adequately put to the Tribunal. The tenant also demonstrated arguable and bona fide defences to the landlord's compensation claims, so there was a real likelihood of injustice if the orders stood. The Tribunal was therefore satisfied that the tenant had not been afforded a reasonable opportunity to be heard.

Court Disposition

Extension of time granted; appeal allowed; Tribunal orders set aside; proceedings remitted for re-hearing and determination.

Orders

  • ['Extend the time within which to file the Notice of Appeal to 7 July 2022.' 'Appeal allowed.' 'Set aside the orders of the Tribunal on 2 June 2022 and 20 June 2022 in proceedings RT 22/11493.' 'Remit the whole of the proceedings RT 22/11493 back to the Tribunal for re-hearing and determination.']