Evangelos ROUVINETIS v RESIDENTIAL TRIBUNAL & ANOR [2002] NSWSC 1007

Evangelos ROUVINETIS v RESIDENTIAL TRIBUNAL & ANOR [2002] NSWSC 1007

The appeal failed because the Tribunal's finding that Mr Rouvinetis owed rent arrears was a factual finding supported by documentary evidence in the Tribunal file, not an appealable error on a question of law, and there was no substance in the allegation that he had been denied natural justice or deprived of a fair and impartial hearing.

Jurisdiction
Australia
Judgment Date
28 October 2002
Procedural Posture
Appeal From Residential Tribunal Decision Concerning Rent Arrears / Supreme Court Judgment on Summons
Outcome
Appeal dismissed; orders of the Tribunal affirmed; no order as to costs.
Legal Topics
['appeal From Residential Tribunal' 'rent Arrears' 'question of Law' 'natural Justice' 'subsidised Rent']
['administrative Law' 'residential Tenancies'] ['appeal From Residential Tribunal' 'rent Arrears' 'question of Law' 'natural Justice' 'subsidised Rent']

Case Brief

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Procedural Posture

Appeal From Residential Tribunal Decision Concerning Rent Arrears / Supreme Court Judgment on Summons

Legal Issues

  1. 1 ['Whether the Residential Tribunal decided a question with respect to a matter of law that could found an appeal to the Supreme Court under s 62 of the Residential Tribunal Act 1998 No 168.' 'Whether the plaintiff was denied natural justice in relation to the hearing or determination before the Residential Tribunal.' 'Whether there was evidence before the Tribunal to support its finding that rent arrears were owed.']

Ratio Decidendi

The appeal failed because the Tribunal's finding that Mr Rouvinetis owed rent arrears was a factual finding supported by documentary evidence in the Tribunal file, not an appealable error on a question of law, and there was no substance in the allegation that he had been denied natural justice or deprived of a fair and impartial hearing.

Court Disposition

Appeal dismissed; orders of the Tribunal affirmed; no order as to costs.

Orders

  • ['Appeal dismissed.' 'Orders of the Tribunal affirmed.' 'No order as to costs.']