Plesko v Murphy [2024] NSWCATAP 266

Plesko v Murphy [2024] NSWCATAP 266

Tenants did not establish Tribunal error on a question of law or satisfy grounds for leave to appeal; Tribunal's findings on causation, liability, evidence and quantum were open on available evidence; no procedural unfairness or significant new evidence. Extension of time for appeal filing was granted but leave to appeal was refused and appeal dismissed.

Parties
First Appellant: Heidi Plesko; Second Appellant: Sanjay Parasher; First Respondent: Jessica Murphy; Second Respondent: Joseph Struthers
Jurisdiction
Australia
Judgment Date
23 December 2024
Procedural Posture
Internal Appeal / Appeal Determination
Outcome
Appeal dismissed
Legal Topics
Damages to Premises, Compensation Claim, Rent Reduction Claim, Procedural Fairness, Weight of Evidence, Appeal Leave, New Evidence
Leases and Tenancies Residential Tenancy Administrative Law Damages to Premises Compensation Claim Rent Reduction Claim Procedural Fairness Weight of Evidence +2 more

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Parties

Heidi Plesko

First Appellant

Sanjay Parasher

Second Appellant

Jessica Murphy

First Respondent

Joseph Struthers

Second Respondent

Procedural Posture

Internal Appeal / Appeal Determination

Legal Issues

  1. 1 Whether Tribunal erred on a question of law by failing to afford procedural fairness
  2. 2 Whether leave to appeal should be granted under cl 12 Schedule 4 NCAT Act
  3. 3 Whether decision was not fair and equitable

Ratio Decidendi

Tenants did not establish Tribunal error on a question of law or satisfy grounds for leave to appeal; Tribunal's findings on causation, liability, evidence and quantum were open on available evidence; no procedural unfairness or significant new evidence. Extension of time for appeal filing was granted but leave to appeal was refused and appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Time for filing the appeal is extended to 9 September 2024.
  • Leave to appeal is refused.