Gibbons v Hasan [2022] NSWCATAP 400

Gibbons v Hasan [2022] NSWCATAP 400

The procedural fairness ground failed because the appellant did not identify where any adjournment request was made, the transcript did not show that the Member called her a liar or otherwise demonstrated bias, and the appellant was given opportunities to identify transcript references but did not do so. Leave to appeal on the weight-of-evidence ground was refused because the findings that claims 1 and 5 were out of time were open on the evidence, the appellant did not show the claims were within time, and no substantial miscarriage of justice was demonstrated.

Jurisdiction
Australia
Judgment Date
23 December 2022
Procedural Posture
Internal Appeal From Consumer and Commercial Division Residential Tenancy Proceedings / Appeal Panel Decision on Adjournment, Leave to Appeal and Appeal
Outcome
Application for adjournment refused; leave to appeal refused; appeal dismissed; stay order lifted.
Legal Topics
['ncat Internal Appeal' 'procedural Fairness' 'leave to Appeal' 'weight of Evidence' 'statutory Limitation Period' 'rent Arrears' 'tenant Compensation Claim']
['residential Tenancies' 'civil Procedure' 'administrative Law'] ['ncat Internal Appeal' 'procedural Fairness' 'leave to Appeal' 'weight of Evidence' 'statutory Limitation Period' 'rent Arrears' 'tenant Compensation Claim']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Internal Appeal From Consumer and Commercial Division Residential Tenancy Proceedings / Appeal Panel Decision on Adjournment, Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether the Tribunal denied the appellant procedural fairness by refusing an adjournment or by actual or apprehended bias.' 'Whether findings that claims 1 and 5 were out of time were against the weight of evidence.' 'Whether leave to appeal should be granted for the ground requiring leave.']

Ratio Decidendi

The procedural fairness ground failed because the appellant did not identify where any adjournment request was made, the transcript did not show that the Member called her a liar or otherwise demonstrated bias, and the appellant was given opportunities to identify transcript references but did not do so. Leave to appeal on the weight-of-evidence ground was refused because the findings that claims 1 and 5 were out of time were open on the evidence, the appellant did not show the claims were within time, and no substantial miscarriage of justice was demonstrated.

Court Disposition

Application for adjournment refused; leave to appeal refused; appeal dismissed; stay order lifted.

Orders

  • ['Application for adjournment is refused.' 'Leave to appeal is refused.' 'The appeal is dismissed.' 'Order 7 made on 14 September 2022 (stay order) is lifted.']