Pace v Pratelli [2021] NSWCATAP 410

Pace v Pratelli [2021] NSWCATAP 410

No binding lease agreement was objectively formed between the parties for a further fixed term prior to the Notices of Termination; Tribunal’s factual findings regarding contract formation and weight of evidence were not shown to be incorrect or produce substantial miscarriage of justice; leave to appeal is refused.

Jurisdiction
Australia
Judgment Date
17 December 2021
Procedural Posture
Internal Appeal / Leave to Appeal
Outcome
leave to appeal refused
Legal Topics
['contract Formation' 'residential Tenancy' 'issue Estoppel' 'appeal Procedures']
['contract Law' 'property Law' 'tenancy Law'] ['contract Formation' 'residential Tenancy' 'issue Estoppel' 'appeal Procedures']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Internal Appeal / Leave to Appeal

Legal Issues

  1. 1 ['Whether a binding fixed term lease agreement was made between the parties prior to the issuance of the Second Notice of Termination.' 'Whether the Tribunal erred in findings on contract formation and evidence weight.' 'Whether appellants suffered substantial miscarriage of justice warranting leave to appeal.']

Ratio Decidendi

No binding lease agreement was objectively formed between the parties for a further fixed term prior to the Notices of Termination; Tribunal’s factual findings regarding contract formation and weight of evidence were not shown to be incorrect or produce substantial miscarriage of justice; leave to appeal is refused.

Court Disposition

leave to appeal refused

Orders

  • ['Leave to appeal refused.' 'No order as to costs of the appeal.' 'If respondent seeks a different costs order, procedure for submissions and evidence set out.']