Bodger v Goh [2021] NSWCATAP 59

Bodger v Goh [2021] NSWCATAP 59

The Member failed to provide adequate reasons or factual foundation for the calculation of compensation, including an error in his characterisation of the area affected by water damage; this omission constitutes an error of law justifying the appeal being allowed and the orders being quashed.

Jurisdiction
Australia
Judgment Date
15 March 2021
Procedural Posture
Civil Appeal / Appeal Panel Decision
Outcome
Appeal allowed; orders quashed; matter remitted for rehearing before different Member; respondent to pay $13,525 to Registrar to be held pending further hearing outcome.
Legal Topics
['adequacy of Reasons' 'quantum of Compensation' 'abatement of Rent']
['residential Tenancies' 'civil Procedure'] ['adequacy of Reasons' 'quantum of Compensation' 'abatement of Rent']

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Procedural Posture

Civil Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the Tribunal Member gave adequate reasons for the decision and calculation of compensation' 'Whether the proportion of the premises affected by water damage was properly assessed']

Ratio Decidendi

The Member failed to provide adequate reasons or factual foundation for the calculation of compensation, including an error in his characterisation of the area affected by water damage; this omission constitutes an error of law justifying the appeal being allowed and the orders being quashed.

Court Disposition

Appeal allowed; orders quashed; matter remitted for rehearing before different Member; respondent to pay $13,525 to Registrar to be held pending further hearing outcome.

Orders

  • ['Appeal allowed' 'The orders made by the Tribunal on 7 December 2020 are quashed' 'The matter is remitted to the Tribunal for hearing before a different Member upon the basis of such evidence as the Member in his or her discretion shall permit to be adduced' 'The respondent Louis Goh is directed to pay the sum of...