Sutevski v Safa [2017] NSWCATAP 165

Sutevski v Safa [2017] NSWCATAP 165

The appeal grounds did not identify an error of law. The Tribunal Member was entitled on the evidence to prefer the Chiswick Plumbing report and Mrs Safa's evidence, to reject the reliability of the Beverley Park Plumbing certificate, and to find that the premises did not contain the prescribed water efficiency measures between 22 November 2011 and 8 June 2016. The additional affidavits were not significant new evidence because they were not shown to have been not reasonably available at the original hearing. The tenant's application was made under s47 of the Residential Tenancies Act 2010 (NSW), became available 14 days after the 2 December 2016 request for repayment, and was filed on 19...

Jurisdiction
Australia
Judgment Date
02 August 2017
Procedural Posture
Appeal and Application for Leave to Appeal in Residential Tenancy Proceedings / Appeal Panel Review of NSW Civil and Administrative Tribunal Consumer and Commercial Division Decision Dated 7 April 2017
Outcome
Application for leave to appeal refused; appeal dismissed.
Legal Topics
['water Usage Charges' 'water Efficiency Measures' 'repayment of Amounts Not Required to Be Paid' 'leave to Appeal' 'question of Law' 'substantial Miscarriage of Justice' 'weight of Evidence' 'time for Bringing Application' 'presumption of Continuity']
['residential Tenancies' 'administrative Law' 'civil Procedure' 'evidence'] ['water Usage Charges' 'water Efficiency Measures' 'repayment of Amounts Not Required to Be Paid' 'leave to Appeal' 'question of Law' 'substantial Miscarriage of Justice' 'weight of Evidence' 'time for Bringing Application' 'presumption of Continuity']

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Procedural Posture

Appeal and Application for Leave to Appeal in Residential Tenancy Proceedings / Appeal Panel Review of NSW Civil and Administrative Tribunal Consumer and Commercial Division Decision Dated 7 April 2017

Legal Issues

  1. 1 ['Whether the landlords complied with s 39 of the Residential Tenancies Act 2010 (NSW) and regulation 11 of the Residential Tenancies Regulation 2010 (NSW) so that the tenant was required to pay water usage charges.' "Whether the Tribunal Member's decision was against the weight of evidence or not fair and equitable." 'Whether any question of law was raised by the appeal grounds.' 'Whether additional affidavit evidence from the plumber and Ms Valentina Sutevski should be considered as significant new evidence.' "Whether the tenant's application for repayment under s47 of the Residential Tenancies Act 2010 (NSW) was brought within time."]

Ratio Decidendi

The appeal grounds did not identify an error of law. The Tribunal Member was entitled on the evidence to prefer the Chiswick Plumbing report and Mrs Safa's evidence, to reject the reliability of the Beverley Park Plumbing certificate, and to find that the premises did not contain the prescribed water efficiency measures between 22 November 2011 and 8 June 2016. The additional affidavits were not significant new evidence because they were not shown to have been not reasonably available at the original hearing. The tenant's application was made under s47 of the Residential Tenancies Act 2010 (NSW), became available 14 days after the 2 December 2016 request for repayment, and was filed on 19...

Court Disposition

Application for leave to appeal refused; appeal dismissed.

Orders

  • ['Application for leave to appeal refused.' 'Appeal dismissed.']