Madden v LeClercq [2017] NSWCATAP 228
The Appeal Panel held that although leave to appeal out of time should be granted to avoid injustice, the appellants failed to establish any error of law concerning the invoicing or statutory declarations, and did not demonstrate that the findings of the primary member were against the weight of evidence. The appeal was accordingly dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 13 December 2017
- Procedural Posture
- Residential Tenancy Appeal / Appeal From Decision of Consumer and Commercial Division, NCAT
- Outcome
- Appeal dismissed; leave to appeal out of time granted.
- Legal Topics
- ['return of Bond' 'extension of Time for Appeal' 'evidentiary Issues' 'error of Law' 'weight of Evidence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Residential Tenancy Appeal / Appeal From Decision of Consumer and Commercial Division, NCAT
Legal Issues
- 1 ['Whether leave to appeal out of time should be granted' 'Whether primary decision involved error of law regarding cleaning invoice and statutory declarations' 'Whether findings of fact were against the weight of evidence']
Ratio Decidendi
The Appeal Panel held that although leave to appeal out of time should be granted to avoid injustice, the appellants failed to establish any error of law concerning the invoicing or statutory declarations, and did not demonstrate that the findings of the primary member were against the weight of evidence. The appeal was accordingly dismissed.
Court Disposition
Appeal dismissed; leave to appeal out of time granted.
Orders
- ['Leave to appeal out of time granted.' 'Appeal dismissed.']
Full Case Text
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