Whear v Kids on Hayes Street Pty Ltd [2021] NSWCATAP 123

Whear v Kids on Hayes Street Pty Ltd [2021] NSWCATAP 123

The appeal was dismissed because the appellant failed to provide the sound recording or transcript of the first instance hearing and oral reasons, leaving the Appeal Panel unable to know the evidence given or the Tribunal's reasoning. The appellant's submissions did not identify any error in the Tribunal's reasoning process, and no error was apparent from the material reasonably reviewed by the Appeal Panel.

Jurisdiction
Australia
Judgment Date
07 May 2021
Procedural Posture
Appeal From Consumer and Commercial Division Residential Tenancy Orders / Appeal Panel; Appeal Dismissed
Outcome
Appeal dismissed.
Legal Topics
['rent Arrears' 'outgoings' 'repairs' 'ncat Appeals' 'unrepresented Litigants' 'sound Recording or Transcript on Appeal']
['leases and Tenancies' 'administrative Law' 'civil Procedure'] ['rent Arrears' 'outgoings' 'repairs' 'ncat Appeals' 'unrepresented Litigants' 'sound Recording or Transcript on Appeal']

Case Brief

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Procedural Posture

Appeal From Consumer and Commercial Division Residential Tenancy Orders / Appeal Panel; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the Tribunal erred in ordering the appellant to pay $2,627 for unpaid rent and various fees and charges relating to the tenancy and its termination.' 'Whether the Tribunal erred in ordering the respondent to pay the appellant $479 as a refund of electricity charges rather than the higher amount sought by the appellant.' "Whether the appeal could be upheld where the appellant did not provide the sound recording or transcript of the first instance hearing or the Tribunal's oral reasons." "What level of assistance should be given to an unrepresented litigant while balancing the respondent's entitlement to just, quick and cheap resolution and compliance with Tribunal directions."]

Ratio Decidendi

The appeal was dismissed because the appellant failed to provide the sound recording or transcript of the first instance hearing and oral reasons, leaving the Appeal Panel unable to know the evidence given or the Tribunal's reasoning. The appellant's submissions did not identify any error in the Tribunal's reasoning process, and no error was apparent from the material reasonably reviewed by the Appeal Panel.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.']