Zeaiter v Rahman [2024] NSWCATAP 235

Zeaiter v Rahman [2024] NSWCATAP 235

Leave to appeal was refused because the appellant failed to establish grounds for leave, including substantial miscarriage of justice, and was not denied procedural fairness as notice given to the managing agent constituted effective notice. The appeal was dismissed.

Parties
Appellant: Charlie Zeaiter; Respondent: Fahmid Rahman
Jurisdiction
Australia
Judgment Date
21 November 2024
Procedural Posture
Internal Appeal / Decision
Outcome
Appeal dismissed; leave to appeal refused; time to file notice of appeal extended
Legal Topics
Procedural Fairness, Compensation for Breach of Tenancy Agreement, Notice to Agent as Effective Notice, Leave to Appeal Criteria

Case Brief

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Parties

Charlie Zeaiter

Appellant

Fahmid Rahman

Respondent

Procedural Posture

Internal Appeal / Decision

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether Appellant was denied procedural fairness due to alleged lack of notice of hearing
  3. 3 Assessment of compensation for breach of tenancy agreement

Ratio Decidendi

Leave to appeal was refused because the appellant failed to establish grounds for leave, including substantial miscarriage of justice, and was not denied procedural fairness as notice given to the managing agent constituted effective notice. The appeal was dismissed.

Court Disposition

Appeal dismissed; leave to appeal refused; time to file notice of appeal extended

Orders

  • Time for filing the Notice of Appeal is extended to 4 July 2024.
  • Leave to Appeal is refused.