Wallbank v Angelos [2021] NSWCATAP 128

Wallbank v Angelos [2021] NSWCATAP 128

The appeal was allowed and the matter remitted for re-hearing because the Tribunal's findings regarding what was agreed in the 5 April 2020 conversation were made without a sufficiently clear and cogent account of relevant facts, and findings were contrary to the evidence. This constituted a substantial miscarriage of justice and satisfied the requirements for leave to appeal under the NCAT Act.

Jurisdiction
Australia
Judgment Date
10 May 2021
Procedural Posture
Appeal / Internal Appeal From Consumer and Commercial Division of the Tribunal. Leave to Appeal Granted, Appeal Allowed, and Matter Remitted for Re Hearing.
Outcome
Appeal allowed. Orders set aside. Leave to appeal granted. Proceedings remitted for re-hearing.
Legal Topics
['leave to Appeal' 'procedural Fairness' 'fact Finding' 'rental Arrears' 'residential Tenancy Agreements' 'miscarriage of Justice']
['tenancy' 'civil Procedure'] ['leave to Appeal' 'procedural Fairness' 'fact Finding' 'rental Arrears' 'residential Tenancy Agreements' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Appeal / Internal Appeal From Consumer and Commercial Division of the Tribunal. Leave to Appeal Granted, Appeal Allowed, and Matter Remitted for Re Hearing.

Legal Issues

  1. 1 ["Whether the Tribunal's findings regarding the variation of the rental agreement constituted a substantial miscarriage of justice" 'Whether there was a sufficiently clear and cogent account of the facts relevant to an agreement to waive or defer rent arrears' 'Whether leave to appeal should be granted under s 80(2) of the Civil and Administrative Tribunal Act 2013 and Sch 4, cl 12']

Ratio Decidendi

The appeal was allowed and the matter remitted for re-hearing because the Tribunal's findings regarding what was agreed in the 5 April 2020 conversation were made without a sufficiently clear and cogent account of relevant facts, and findings were contrary to the evidence. This constituted a substantial miscarriage of justice and satisfied the requirements for leave to appeal under the NCAT Act.

Court Disposition

Appeal allowed. Orders set aside. Leave to appeal granted. Proceedings remitted for re-hearing.

Orders

  • ['The appellants have leave to appeal.' 'Appeal allowed.' 'The proceedings be remitted to the Consumer and Commercial Division of the Tribunal for re-hearing.']