Weiss v Agus [2024] NSWCATAP 51

Weiss v Agus [2024] NSWCATAP 51

There was no error of law or sufficient new evidence to warrant leave to appeal; the Tribunal correctly found there was no evidence the tenant was an impacted lessee under the COVID-19 Regulations, and absent such evidence, the obligations for rent relief or waivers were not enlivened. The appeal does not satisfy the statutory threshold for grant of leave nor demonstrate a substantial miscarriage of justice.

Jurisdiction
Australia
Judgment Date
03 April 2024
Procedural Posture
Internal Appeal (from Consumer and Commercial Division Ncat) / Appeal Panel Decision (determination of Leave to Appeal and Merits)
Outcome
Appeal dismissed; leave to appeal refused.
Legal Topics
['rent and Outgoing Arrears' 'covid 19 Rent Relief' 'retail Lease Act Compliance' 'impacted Lessee Status' 'procedural Fairness' 'appeal Grounds and Procedure']
['leases and Tenancies' 'retail Leases' 'covid 19 Commercial Leasing'] ['rent and Outgoing Arrears' 'covid 19 Rent Relief' 'retail Lease Act Compliance' 'impacted Lessee Status' 'procedural Fairness' 'appeal Grounds and Procedure']

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Procedural Posture

Internal Appeal (from Consumer and Commercial Division Ncat) / Appeal Panel Decision (determination of Leave to Appeal and Merits)

Legal Issues

  1. 1 ['Whether the tribunal erred in failing to determine the tenant was an impacted tenant under COVID-19 provisions' 'Whether rent arrears should be reduced or waived under COVID-19 Regulations and Code of Conduct' 'Whether an error of law or substantial miscarriage of justice occurred at first instance']

Ratio Decidendi

There was no error of law or sufficient new evidence to warrant leave to appeal; the Tribunal correctly found there was no evidence the tenant was an impacted lessee under the COVID-19 Regulations, and absent such evidence, the obligations for rent relief or waivers were not enlivened. The appeal does not satisfy the statutory threshold for grant of leave nor demonstrate a substantial miscarriage of justice.

Court Disposition

Appeal dismissed; leave to appeal refused.

Orders

  • ['The name of the respondent is amended from NG Farah Pty Ltd to Jakin Agus.' 'Leave to appeal is refused.' 'The appeal is otherwise dismissed.']