Godla v Sundaramurthy [2017] NSWCATAP 113

Godla v Sundaramurthy [2017] NSWCATAP 113

Leave to appeal is refused as the appellant was afforded procedural fairness, was given the opportunity to explain his reasons for non-payment, and no error of law or grounds for substantial miscarriage of justice were established. The appeal is dismissed, and the original tribunal orders are confirmed with a variation allowing suspension of the possession order for 30 days due to the tenant's family circumstances.

Jurisdiction
Australia
Judgment Date
22 May 2017
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed; leave to appeal refused; extension of time to lodge appeal granted; original orders confirmed, with variation to possession order.
Legal Topics
['termination Order' 'procedural Fairness' 'extension of Time' 'leave to Appeal']
['residential Tenancies' 'civil Procedure'] ['termination Order' 'procedural Fairness' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether there was denial of procedural fairness in the original hearing' 'Whether leave to appeal should be granted on grounds that the decision was not fair and equitable, against the weight of evidence, or significant new evidence' 'Whether there was an error on a question of law']

Ratio Decidendi

Leave to appeal is refused as the appellant was afforded procedural fairness, was given the opportunity to explain his reasons for non-payment, and no error of law or grounds for substantial miscarriage of justice were established. The appeal is dismissed, and the original tribunal orders are confirmed with a variation allowing suspension of the possession order for 30 days due to the tenant's family circumstances.

Court Disposition

Appeal dismissed; leave to appeal refused; extension of time to lodge appeal granted; original orders confirmed, with variation to possession order.

Orders

  • ['The time in which to lodge the appeal is extended to 16 March 2017.' 'Leave to appeal is refused.' 'The appeal is dismissed.' 'The stay granted on 23 March 2017 is lifted.' 'Order 4 made on 27 February 2017 is varied such that the order for possession is suspended until 30 days after the date of these reasons.'...