Raissis v Anaz [2019] NSWCATAP 25

Raissis v Anaz [2019] NSWCATAP 25

The Tribunal was not in error in revoking leave for Mr Raissis' brother to represent him, did not breach s 38(6)(a) of the NCAT Act by failing to call Mr Spiro Raissis as a witness, was entitled to admit the covert recording into evidence, and the finding that Mr Raissis repudiated the tenancy agreement was...

Source-derived case information.

Parties
Appellant: Emanuel Raissis; Respondent: Cetin Anaz
Jurisdiction
Australia
Judgment Date
23 January 2019
Procedural Posture
Civil Appeal / Appeal Panel Decision
Outcome
Appeal dismissed. Leave to appeal refused.
Legal Topics
Representation in Tribunal, Repudiation of Tenancy Agreement, Statutory Duty to Inquire, Admissibility of Illegally Obtained Evidence
Residential Tenancy Administrative Law Evidence Statutory Interpretation Representation in Tribunal Repudiation of Tenancy Agreement Statutory Duty to Inquire Admissibility of Illegally Obtained Evidence

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Parties

Emanuel Raissis

Appellant

Cetin Anaz

Respondent

Procedural Posture

Civil Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred in revoking representation leave for Mr Raissis
  2. 2 Whether the Tribunal failed in its duty to inquire by not inviting Mr Spiro Raissis to give evidence
  3. 3 Whether the Tribunal erred in admitting a covert recording as evidence

Ratio Decidendi

The Tribunal was not in error in revoking leave for Mr Raissis' brother to represent him, did not breach s 38(6)(a) of the NCAT Act by failing to call Mr Spiro Raissis as a witness, was entitled to admit the covert recording into evidence, and the finding that Mr Raissis repudiated the tenancy agreement was reasonably open on the evidence. Leave to appeal was refused and the appeal dismissed.

Court Disposition

Appeal dismissed. Leave to appeal refused.

Orders

  • Leave to appeal is refused.
  • Appeal is dismissed.