Constantidis v Sigalas [2021] NSWCATAP 189

Constantidis v Sigalas [2021] NSWCATAP 189

The tenants failed to prove that they were impacted tenants under the COVID-19 protections due to insufficient evidence of loss of income as specified by the regulation; no procedural unfairness was identified in the Tribunal's acceptance of landlord's evidence or refusal to adjourn; no grounds for leave to appeal or for admission of new evidence arose as the materials were available prior to the hearing; thus, leave to appeal is refused and the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
25 June 2021
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
Leave to appeal refused. Appeal dismissed. No order as to costs.
Legal Topics
['leases and Tenancies' 'default and Termination' 'covid 19 Pandemic Protections' 'appeal Procedure' 'procedural Fairness' 'admission of Evidence']
['tenancy Law' 'civil Procedure'] ['leases and Tenancies' 'default and Termination' 'covid 19 Pandemic Protections' 'appeal Procedure' 'procedural Fairness' 'admission of Evidence']

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Procedural Posture

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the tenants were impacted tenants under COVID-19 protections' 'Whether the Tribunal denied procedural fairness to the tenants' 'Whether leave to appeal should be granted for new evidence or hardship grounds' "Whether the Tribunal erred in admitting landlord's evidence out of time" 'Whether the Tribunal erred in not reducing rent for failure to repair']

Ratio Decidendi

The tenants failed to prove that they were impacted tenants under the COVID-19 protections due to insufficient evidence of loss of income as specified by the regulation; no procedural unfairness was identified in the Tribunal's acceptance of landlord's evidence or refusal to adjourn; no grounds for leave to appeal or for admission of new evidence arose as the materials were available prior to the hearing; thus, leave to appeal is refused and the appeal is dismissed.

Court Disposition

Leave to appeal refused. Appeal dismissed. No order as to costs.

Orders

  • ['The Appeal Panel dispenses with a further hearing of this matter under s 50(2) of the Civil and Administrative Tribunal Act 2013.' 'Leave to appeal refused.' 'Appeal Dismissed.' 'No order as to costs.']