Williams v Jeffreys [2021] NSWCATAP 305

Williams v Jeffreys [2021] NSWCATAP 305

The Tribunal made an error of law by ordering a refund of a break lease fee when there was no evidence that any break lease fee had been paid to the landlord; hence, the appeal was allowed, and the matter remitted for fresh determination.

Jurisdiction
Australia
Judgment Date
06 October 2021
Procedural Posture
Internal Appeal / Appeal Determination
Outcome
Appeal allowed in part; matter remitted for reconsideration; costs to lie as incurred; extension of time granted; balance of appeal dismissed.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'error of Law' 'break Lease Fee' 'compensation' 'costs']
['tenancy' 'civil Procedure'] ['extension of Time to Appeal' 'leave to Appeal' 'error of Law' 'break Lease Fee' 'compensation' 'costs']

Case Brief

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Procedural Posture

Internal Appeal / Appeal Determination

Legal Issues

  1. 1 ['Whether there was an error of law in ordering refund of a break lease fee when no such fee was paid' 'Whether leave and extension of time to appeal should be granted' 'Whether special circumstances for a costs order exist']

Ratio Decidendi

The Tribunal made an error of law by ordering a refund of a break lease fee when there was no evidence that any break lease fee had been paid to the landlord; hence, the appeal was allowed, and the matter remitted for fresh determination.

Court Disposition

Appeal allowed in part; matter remitted for reconsideration; costs to lie as incurred; extension of time granted; balance of appeal dismissed.

Orders

  • ['Time to lodge the Notice of Appeal is extended to 2 July 2021.' 'The appeal is allowed.' 'The Orders of the Tribunal made on 17 May 2021 in RT 21/06554 are set aside.' 'The matter is remitted to the Tribunal, differently constituted, to be determined according to law, with such new evidence as the Tribunal may...