Bladen v Mifsud [2020] NSWCATAP 79

Bladen v Mifsud [2020] NSWCATAP 79

The Appeal Panel held that the tenants were not denied procedural fairness in the making of the set aside decision. The Tribunal gave the parties an opportunity to make submissions, the tenants put material before the Tribunal, there was no indication they requested more time or had further relevant material they were prevented from producing, and the Tribunal considered the evidence and submissions. The Tribunal properly exercised its discretion under cl 9(1)(b) by asking whether there was a real likelihood of injustice if the original decision stood, and the uncontradicted evidence showed substantial unpaid rent and occupation fees with no probative evidence of payments. No substantial...

Jurisdiction
Australia
Judgment Date
08 May 2020
Procedural Posture
Internal Appeal From Refusal of Set Aside Application in Residential Tenancy Proceedings / Appeal Panel Decision
Outcome
Leave to appeal on grounds other than a question of law refused; appeal dismissed.
Legal Topics
['set Aside Application' 'procedural Fairness' 'termination for Rent Arrears' 'leave to Appeal' 'substantial Miscarriage of Justice' 'on the Papers Determination']
['residential Tenancies' 'civil Procedure' 'administrative Law' 'appeals'] ['set Aside Application' 'procedural Fairness' 'termination for Rent Arrears' 'leave to Appeal' 'substantial Miscarriage of Justice' 'on the Papers Determination']

Case Brief

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Procedural Posture

Internal Appeal From Refusal of Set Aside Application in Residential Tenancy Proceedings / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the Tribunal denied procedural fairness to the tenants in determining the set aside application.' 'Whether leave to appeal on grounds other than a question of law should be granted because a substantial miscarriage of justice may have occurred.' 'Whether the set aside decision was not fair and equitable or was against the weight of evidence.']

Ratio Decidendi

The Appeal Panel held that the tenants were not denied procedural fairness in the making of the set aside decision. The Tribunal gave the parties an opportunity to make submissions, the tenants put material before the Tribunal, there was no indication they requested more time or had further relevant material they were prevented from producing, and the Tribunal considered the evidence and submissions. The Tribunal properly exercised its discretion under cl 9(1)(b) by asking whether there was a real likelihood of injustice if the original decision stood, and the uncontradicted evidence showed substantial unpaid rent and occupation fees with no probative evidence of payments. No substantial...

Court Disposition

Leave to appeal on grounds other than a question of law refused; appeal dismissed.

Orders

  • ['Leave to appeal on grounds other than a question of law is refused.' 'The appeal is dismissed.']