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
Summary, issues, holding and outcome
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Parties
Charlie Zeaiter
Appellant
Fahmid Rahman
Respondent
Procedural Posture
Internal Appeal / Decision
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether Appellant was denied procedural fairness due to alleged lack of notice of hearing
- 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.
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