Camilleri v Eastlake [2018] NSWCATAP 176

Camilleri v Eastlake [2018] NSWCATAP 176

The Appeal Panel held that s 115 of the Residential Tenancies Act 2010 (NSW) could apply to a s 85 no grounds termination notice, so the Tribunal had power to declare the notice of termination retaliatory and of no effect. The Tribunal's reasons adequately disclosed the basis for its decision, and the landlord did not establish a question of law or any ground warranting leave to appeal. Given the unjustified four-day delay, the weak prospects of the appeal, and the other relevant factors, the time to file the Notice of Appeal was not extended; the appeal was otherwise dismissed.

Jurisdiction
Australia
Judgment Date
19 July 2018
Procedural Posture
Appeal From a Consumer and Commercial Division Residential Tenancy Decision Declaring a Termination Notice Retaliatory and of No Effect / Application to Extend Time to File Notice of Appeal and Appeal/leave to Appeal Before the Appeal Panel
Outcome
Application to extend time refused; appeal otherwise dismissed.
Legal Topics
['retaliatory Eviction' 'no Grounds Termination Notice' 'question of Law' 'leave to Appeal' 'adequacy of Reasons' 'extension of Time']
['residential Tenancy Law' 'administrative Law' 'appeals'] ['retaliatory Eviction' 'no Grounds Termination Notice' 'question of Law' 'leave to Appeal' 'adequacy of Reasons' 'extension of Time']

Case Brief

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Procedural Posture

Appeal From a Consumer and Commercial Division Residential Tenancy Decision Declaring a Termination Notice Retaliatory and of No Effect / Application to Extend Time to File Notice of Appeal and Appeal/leave to Appeal Before the Appeal Panel

Legal Issues

  1. 1 ['Whether the landlord identified a question of law and whether the appeal should be allowed.' 'Whether s 115 of the Residential Tenancies Act 2010 (NSW) could apply to a s 85 no grounds termination notice.' "Whether the Tribunal's reasons were inadequate." 'Whether leave to appeal should be granted on any other ground, including that the decision was not fair and equitable or was against the weight of evidence.' 'Whether time to file the Notice of Appeal should be extended to 12 March 2018.']

Ratio Decidendi

The Appeal Panel held that s 115 of the Residential Tenancies Act 2010 (NSW) could apply to a s 85 no grounds termination notice, so the Tribunal had power to declare the notice of termination retaliatory and of no effect. The Tribunal's reasons adequately disclosed the basis for its decision, and the landlord did not establish a question of law or any ground warranting leave to appeal. Given the unjustified four-day delay, the weak prospects of the appeal, and the other relevant factors, the time to file the Notice of Appeal was not extended; the appeal was otherwise dismissed.

Court Disposition

Application to extend time refused; appeal otherwise dismissed.

Orders

  • ['The application to extend the time in which to file the Notice of Appeal to 12 March 2018 is refused.' 'The appeal is otherwise dismissed.']