Juskey v Stanfield [2022] NSWCATAP 224

Juskey v Stanfield [2022] NSWCATAP 224

The Tribunal failed to afford the appellant procedural fairness and constructively failed to exercise jurisdiction by not considering the claim under s 51(1)(d) of the Residential Tenancies Act 2010 (NSW), by unreasonably rejecting the admission of condition reports, by failing to address all relevant evidence concerning the condition of the premises, and by applying the ATO Guide to assessment of damages without giving the parties the opportunity to make submissions. Accordingly, the decision could not stand and the matter must be remitted for redetermination.

Parties
Appellant: Agnes Juskey; Respondent: Imogen Stanfield
Jurisdiction
Australia
Judgment Date
08 July 2022
Procedural Posture
Internal Appeal / Appeal Determination
Outcome
Appeal allowed and matter remitted.
Legal Topics
Constructive Failure to Exercise Jurisdiction, Procedural Fairness, Assessment of Damages, Appeal on Questions of Law
Tenancy Law Administrative Law Constructive Failure to Exercise Jurisdiction Procedural Fairness Assessment of Damages Appeal on Questions of Law

Case Brief

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Parties

Agnes Juskey

Appellant

Imogen Stanfield

Respondent

Procedural Posture

Internal Appeal / Appeal Determination

Legal Issues

  1. 1 Whether the Tribunal failed to consider the appellant's claim under s 51(1)(d) of the Residential Tenancies Act 2010 (NSW)
  2. 2 Whether the Tribunal's refusal to admit condition reports was an unreasonable exercise of discretion and denied procedural fairness
  3. 3 Whether the Tribunal failed to take relevant considerations into account regarding the condition of the premises

Ratio Decidendi

The Tribunal failed to afford the appellant procedural fairness and constructively failed to exercise jurisdiction by not considering the claim under s 51(1)(d) of the Residential Tenancies Act 2010 (NSW), by unreasonably rejecting the admission of condition reports, by failing to address all relevant evidence concerning the condition of the premises, and by applying the ATO Guide to assessment of damages without giving the parties the opportunity to make submissions. Accordingly, the decision could not stand and the matter must be remitted for redetermination.

Court Disposition

Appeal allowed and matter remitted.

Orders

  • Appeal allowed.
  • The proceedings are remitted to a differently constituted Tribunal for re-determination.