Macionis v Franklin [2021] NSWCATAP 367

Macionis v Franklin [2021] NSWCATAP 367

The Appeal Panel held that the landlord was not denied procedural fairness because the transcript and reasons showed the Tribunal gave a reasonable opportunity to present the case and was entitled to manage the hearing by focusing submissions on the real issues. The factual findings challenged by the landlord were supported by the tenant's evidence, so no no-evidence error was shown. The original Member's reasons were logical and orthodox, including findings that the landlord had not proved breach of s 51(3)(b) of the Residential Tenancies Act 2010 (NSW) beyond blown light globes and that the landlord's invoices and photographs were of limited weight. The decision was not against the...

Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Internal Appeal Concerning Residential Tenancy Bond and Compensation for Repairs and Cleaning at End of Tenancy / Appeal Panel Review of Consumer and Commercial Division Decision Dated 18 August 2021
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['residential Tenancy Bond' 'end of Tenancy Condition of Premises' 'fair Wear and Tear' 'procedural Fairness' 'leave to Appeal' 'weight of Evidence']
['residential Tenancy Law' 'civil Procedure' 'administrative Law'] ['residential Tenancy Bond' 'end of Tenancy Condition of Premises' 'fair Wear and Tear' 'procedural Fairness' 'leave to Appeal' 'weight of Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Internal Appeal Concerning Residential Tenancy Bond and Compensation for Repairs and Cleaning at End of Tenancy / Appeal Panel Review of Consumer and Commercial Division Decision Dated 18 August 2021

Legal Issues

  1. 1 ['Whether the landlord was denied procedural fairness in the Tribunal hearing.' 'Whether the Tribunal made factual findings without evidence.' 'Whether the decision was against the weight of evidence so that leave to appeal should be granted.' 'Whether the landlord proved breach of s 51(3) of the Residential Tenancies Act 2010 (NSW) concerning the condition and cleanliness of the premises at the end of the tenancy.']

Ratio Decidendi

The Appeal Panel held that the landlord was not denied procedural fairness because the transcript and reasons showed the Tribunal gave a reasonable opportunity to present the case and was entitled to manage the hearing by focusing submissions on the real issues. The factual findings challenged by the landlord were supported by the tenant's evidence, so no no-evidence error was shown. The original Member's reasons were logical and orthodox, including findings that the landlord had not proved breach of s 51(3)(b) of the Residential Tenancies Act 2010 (NSW) beyond blown light globes and that the landlord's invoices and photographs were of limited weight. The decision was not against the...

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

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