Zahra v Baker [2022] NSWCATAP 145

Zahra v Baker [2022] NSWCATAP 145

Because the parties consented to setting aside the original decision and the original decision was made in the landlord's absence, resulting in his case not being adequately put, the requirements of Regulation 9(1)(a) and (b) were satisfied. The Appeal Panel therefore set aside the original order and remitted the matter for rehearing, while dismissing the appeal because the agreed Regulation 9 course made it unnecessary to consider the appeal grounds.

Jurisdiction
Australia
Judgment Date
18 May 2022
Procedural Posture
Residential Tenancy Appeal / Appeal Panel Decision on Appeal From the Consumer and Commercial Division
Outcome
Appeal dismissed; matter remitted for rehearing; original order set aside.
Legal Topics
['rental Bond' 'ex Parte Hearing' 'setting Aside Decision by Consent or Absence of Party' 'remittal for Rehearing']
['residential Tenancy Law' 'civil and Administrative Tribunal Procedure'] ['rental Bond' 'ex Parte Hearing' 'setting Aside Decision by Consent or Absence of Party' 'remittal for Rehearing']

Case Brief

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Procedural Posture

Residential Tenancy Appeal / Appeal Panel Decision on Appeal From the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether the original Tribunal order requiring refund of a rental bond should be set aside where the landlord did not attend the hearing and the parties consented to setting it aside.' 'Whether the matter should be remitted for rehearing because unresolved issues remained about whether a bond was paid, the duration of the tenancy, and the payments made by the tenant.']

Ratio Decidendi

Because the parties consented to setting aside the original decision and the original decision was made in the landlord's absence, resulting in his case not being adequately put, the requirements of Regulation 9(1)(a) and (b) were satisfied. The Appeal Panel therefore set aside the original order and remitted the matter for rehearing, while dismissing the appeal because the agreed Regulation 9 course made it unnecessary to consider the appeal grounds.

Court Disposition

Appeal dismissed; matter remitted for rehearing; original order set aside.

Orders

  • ['Appeal dismissed.' 'The matter is remitted to the Tribunal for rehearing pursuant to section 81(1)(e) of the Civil and Administrative Tribunal Act 2013.' 'The order made on 3 February 2022 in RT 21/47355 is set aside.' 'The applicant tenant is to file and serve all bank statements and all other evidence and...