Sun v Zhang [2022] NSWCATAP 329

Sun v Zhang [2022] NSWCATAP 329

The Appeal Panel found that the tenant failed to demonstrate a denial of procedural fairness, failed to establish that the decision was against the weight of evidence or not fair and equitable, and failed to show that significant new evidence was not reasonably available at the time of hearing. The explanations for the delay in lodging the appeal were unpersuasive, and the grounds for appeal were ill-founded. Accordingly, extension of time and leave to appeal were refused, and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
24 October 2022
Procedural Posture
Residential Tenancy Dispute / Appeal (leave Sought, Extension of Time Sought)
Outcome
Appeal dismissed; application for extension of time refused; leave to appeal refused
Legal Topics
['procedural Fairness' 'leave to Appeal' 'weight of Evidence' 'new Evidence' 'extension of Time']
['tenancy Law'] ['procedural Fairness' 'leave to Appeal' 'weight of Evidence' 'new Evidence' 'extension of Time']

Case Brief

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Procedural Posture

Residential Tenancy Dispute / Appeal (leave Sought, Extension of Time Sought)

Legal Issues

  1. 1 ['Whether there was a denial of procedural fairness during the hearing' "Whether the Tribunal's decision was against the weight of evidence" 'Whether significant new evidence was available and should be admitted' 'Whether leave to appeal and extension of time should be granted']

Ratio Decidendi

The Appeal Panel found that the tenant failed to demonstrate a denial of procedural fairness, failed to establish that the decision was against the weight of evidence or not fair and equitable, and failed to show that significant new evidence was not reasonably available at the time of hearing. The explanations for the delay in lodging the appeal were unpersuasive, and the grounds for appeal were ill-founded. Accordingly, extension of time and leave to appeal were refused, and the appeal was dismissed.

Court Disposition

Appeal dismissed; application for extension of time refused; leave to appeal refused

Orders

  • ['Application for extension of time to lodge the appeal refused.' 'Leave to appeal refused.' 'Appeal dismissed.']