Dokas v Gallagher (No 2) [2024] NSWCA 236

Dokas v Gallagher (No 2) [2024] NSWCA 236

No proper question of law was identified by the applicants in their summons, draft notice of appeal, or submissions as required by s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW). The applicants' complaints were directed to factual and merit-based issues regarding their tenancy and did not demonstrate an error of law or an issue justifying leave to appeal. The summons should be dismissed, as should the application for certiorari, pursuant to s 34(1)(c) of the CAT Act.

Parties
First Applicant: Tobias Lazarus Dokas; Second Applicant: Lazarakis Dokas; Respondent: David Gallagher
Jurisdiction
Australia
Judgment Date
25 September 2024
Procedural Posture
Leave to Appeal and Judicial Review / Leave to Appeal and Request for Certiorari Following Appeal Panel Decision
Outcome
summons dismissed with costs
Legal Topics
Leave to Appeal on Question of Law, Supervisory Jurisdiction, Error of Law, Termination of Residential Tenancy, Rent Increase, Procedural Fairness
Appeals Administrative Law Residential Tenancies Leave to Appeal on Question of Law Supervisory Jurisdiction Error of Law Termination of Residential Tenancy Rent Increase +1 more

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Parties

Tobias Lazarus Dokas

First Applicant

Lazarakis Dokas

Second Applicant

David Gallagher

Respondent

Procedural Posture

Leave to Appeal and Judicial Review / Leave to Appeal and Request for Certiorari Following Appeal Panel Decision

Legal Issues

  1. 1 Whether leave to appeal should be granted under s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW) on a question of law from the Appeal Panel decision
  2. 2 Whether there was any error of law apparent on the face of the record justifying certiorari
  3. 3 Whether the applicants clearly identified any question of law as required by s 83(1) of the CAT Act

Ratio Decidendi

No proper question of law was identified by the applicants in their summons, draft notice of appeal, or submissions as required by s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW). The applicants' complaints were directed to factual and merit-based issues regarding their tenancy and did not demonstrate an error of law or an issue justifying leave to appeal. The summons should be dismissed, as should the application for certiorari, pursuant to s 34(1)(c) of the CAT Act.

Court Disposition

summons dismissed with costs

Orders

  • Summons filed on 26 July 2024 is dismissed
  • Applicants to pay the respondent's costs