King v Dabcevic [2019] NSWCATAP 181

King v Dabcevic [2019] NSWCATAP 181

There was no error of law nor evidence to support the presence of mould during the relevant period, and the toxicology report was not unavailable at the time of hearing; thus, no grounds for leave to appeal or to overturn the Tribunal's decision existed.

Jurisdiction
Australia
Judgment Date
17 July 2019
Procedural Posture
Appeal / Leave to Appeal and Appeal Determination
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['appeal on Question of Law' 'leave to Appeal' 'evidence' 'residential Tenancy Disputes' 'burden of Proof']
['tenancy Law'] ['appeal on Question of Law' 'leave to Appeal' 'evidence' 'residential Tenancy Disputes' 'burden of Proof']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 ['Whether the Tribunal erred by failing to consider a report of the presence of mould during the relevant period' 'Whether the Tribunal failed to consider a claim for loss of amenity due to misrepresentation of the property for the term of tenancy' 'Whether new evidence (toxicology report) obtained after the hearing warranted leave to appeal' 'Whether Tribunal decision was fair and equitable or against the weight of evidence']

Ratio Decidendi

There was no error of law nor evidence to support the presence of mould during the relevant period, and the toxicology report was not unavailable at the time of hearing; thus, no grounds for leave to appeal or to overturn the Tribunal's decision existed.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • ['Leave to appeal refused.' 'Appeal dismissed.']