Azzi v Abulial and Hattab [2021] NSWCATAP 252

Azzi v Abulial and Hattab [2021] NSWCATAP 252

Leave to appeal was refused because the new evidence relied upon by the appellant (exchange of solicitors' emails confirming sale with vacant possession) was not shown to be 'not reasonably available' at the time of the hearing, and no error of law was found in the Tribunal’s original decision.

Jurisdiction
Australia
Judgment Date
30 August 2021
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Leave to appeal refused and appeal dismissed.
Legal Topics
['termination and Possession of Leased Premises' 'appeal From Consumer and Commercial Division' 'leave to Appeal' 'significant New Evidence' 'vacant Possession']
['retail Tenancies' 'administrative Law'] ['termination and Possession of Leased Premises' 'appeal From Consumer and Commercial Division' 'leave to Appeal' 'significant New Evidence' 'vacant Possession']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether new evidence (amended contract for sale requiring vacant possession) was not reasonably available at the time of hearing' 'Whether Tribunal made an error of law in dismissing application for termination and possession' 'Whether leave to appeal should be granted']

Ratio Decidendi

Leave to appeal was refused because the new evidence relied upon by the appellant (exchange of solicitors' emails confirming sale with vacant possession) was not shown to be 'not reasonably available' at the time of the hearing, and no error of law was found in the Tribunal’s original decision.

Court Disposition

Leave to appeal refused and appeal dismissed.

Orders

  • ['Leave to appeal refused' 'Appeal dismissed']