Eileen Shahbazian and Michel Dalati v Annika Brahmann and Linda Degenhart [2015] NSWCATAP 159

Eileen Shahbazian and Michel Dalati v Annika Brahmann and Linda Degenhart [2015] NSWCATAP 159

The Appeal Panel extended the time for the appellants to lodge the appeal but refused leave to appeal and dismissed the appeal, finding no error of law nor clear injustice; the refusal of the adjournment was not unreasonable and no substantial miscarriage of justice was established.

Parties
Appellant: Eileen Shahbazian; Appellant: Michel Dalati; Respondent: Annika Brahmann; Respondent: Linda Degenhart
Jurisdiction
Australia
Judgment Date
05 August 2015
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
extension of time granted; leave to appeal refused; appeal dismissed
Legal Topics
Extension of Time, Leave to Appeal, Adjournment Refusal, Procedural Fairness
Residential Tenancy Procedural Law Extension of Time Leave to Appeal Adjournment Refusal Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Eileen Shahbazian

Appellant

Michel Dalati

Appellant

Annika Brahmann

Respondent

Linda Degenhart

Respondent

Procedural Posture

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred in refusing the adjournment of the hearing and thereby denied procedural fairness
  2. 2 Whether leave to appeal should be granted based on alleged injustice and new evidence

Ratio Decidendi

The Appeal Panel extended the time for the appellants to lodge the appeal but refused leave to appeal and dismissed the appeal, finding no error of law nor clear injustice; the refusal of the adjournment was not unreasonable and no substantial miscarriage of justice was established.

Court Disposition

extension of time granted; leave to appeal refused; appeal dismissed

Orders

  • The appellants are given an extension of time to lodge the appeal
  • Leave to appeal is refused