Koravi v Morris [2021] NSWCATAP 20

Koravi v Morris [2021] NSWCATAP 20

The appeal was dismissed because the appellant did not appear at the hearing. The Appeal Panel also considered that the matters raised by the appellant provided no legal basis to set aside the consent orders: the orders were not expressed to be conditional, no inaccuracy was shown, the appellant's factual assertions...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 February 2021
Procedural Posture
Appeal From Consent Orders in Residential Tenancy Proceedings for Non Payment of Rent / Appeal Panel Hearing
Outcome
Appeal dismissed
Legal Topics
['appeal Rights' 'consent Orders' 'non Appearance by Appellant' 'rent Arrears' 'order for Possession']
['residential Tenancy' 'administrative Law' 'civil Procedure'] ['appeal Rights' 'consent Orders' 'non Appearance by Appellant' 'rent Arrears' 'order for Possession']

Source-derived case record

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Procedural Posture

Appeal From Consent Orders in Residential Tenancy Proceedings for Non Payment of Rent / Appeal Panel Hearing

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant did not appear at the appeal hearing.' 'Whether there was any legal basis to set aside the consent orders made on 30 September 2020.' 'Whether the appeal was frivolous, misconceived and lacking in substance.']

Ratio Decidendi

The appeal was dismissed because the appellant did not appear at the hearing. The Appeal Panel also considered that the matters raised by the appellant provided no legal basis to set aside the consent orders: the orders were not expressed to be conditional, no inaccuracy was shown, the appellant's factual assertions were unsupported by evidence, and the respondent had provided the reference referred to in the orders.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']