Rahman v Zeaiter [2024] NSWSC 1082

Rahman v Zeaiter [2024] NSWSC 1082

Leave to appeal was refused because the grounds raised no issues of principle, public importance, or clear injustice, factual matters raised are not appealable, there was insufficient evidence of an agreement to abate rent, and costs were ordered against the plaintiff on an indemnity and lump sum basis.

Jurisdiction
Australia
Judgment Date
26 August 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Leave to appeal refused; summons dismissed; orders affirmed; costs order made.
Legal Topics
['residential Tenancy Agreement' 'appeal Procedure' 'compensation' 'costs' 'lease Variation' 'calderbank Offer']
['property Law'] ['residential Tenancy Agreement' 'appeal Procedure' 'compensation' 'costs' 'lease Variation' 'calderbank Offer']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from NCAT Appeal Panel decision' 'Whether Tribunal erred in finding no agreement to abate rent until repairs completed' 'Whether Appeal Panel erred in refusing to extend time to file appeal' 'Entitlement to costs and basis of costs order']

Ratio Decidendi

Leave to appeal was refused because the grounds raised no issues of principle, public importance, or clear injustice, factual matters raised are not appealable, there was insufficient evidence of an agreement to abate rent, and costs were ordered against the plaintiff on an indemnity and lump sum basis.

Court Disposition

Leave to appeal refused; summons dismissed; orders affirmed; costs order made.

Orders

  • ['Leave to appeal is refused.' 'The summons dated 5 December 2023 is dismissed.' 'The decision of the Appeal Panel dated 21 June 2023 is affirmed.' "The plaintiff is to pay the defendant's costs assessed as a gross sum of $6,728.08."]