Hanna v Wei [2022] NSWCATAP 168

Hanna v Wei [2022] NSWCATAP 168

The appellants did not establish any error of law because, without the sound recording or partial transcript of the first-instance hearing that they had been directed to provide if relying on what occurred at the hearing, the Appeal Panel could not find that the Tribunal failed to engage with their case, denied procedural fairness, or failed to give adequate reasons. On a fair reading, the Tribunal considered both parties' evidence, applied the Residential Tenancies Act 2010 (NSW), and reached rationally explained findings. Any inapt references to damage, repair or fair wear and tear in relation to cleaning and gardening did not show material error. Leave to appeal was refused because no...

Jurisdiction
Australia
Judgment Date
20 May 2022
Procedural Posture
Appeal Concerning Residential Tenancy Bond and Compensation Orders / Appeal Panel; Application for Leave to Appeal and Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['bond Refund' 'condition of Premises at End of Tenancy' 'adequacy of Reasons' 'procedural Fairness' 'leave to Appeal' 'fresh or New Evidence' 'post Hearing Submissions']
['residential Tenancy' 'civil Procedure' 'administrative Law'] ['bond Refund' 'condition of Premises at End of Tenancy' 'adequacy of Reasons' 'procedural Fairness' 'leave to Appeal' 'fresh or New Evidence' 'post Hearing Submissions']

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Procedural Posture

Appeal Concerning Residential Tenancy Bond and Compensation Orders / Appeal Panel; Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ["Whether the Tribunal constructively failed to exercise jurisdiction or failed to provide adequate reasons by failing to engage with the appellants' case and evidence." 'Whether the Tribunal denied the appellants procedural fairness by refusing to allow them to properly participate in the hearing process.' 'Whether the Tribunal erred by referring to questions of damage, repair or fair wear and tear when considering cleaning and gardening issues.' 'Whether leave to appeal should be granted in relation to alleged errors not involving questions of law.' 'Whether the appellants established that the cleaning invoice relied upon by the landlords was fake or fraudulent.']

Ratio Decidendi

The appellants did not establish any error of law because, without the sound recording or partial transcript of the first-instance hearing that they had been directed to provide if relying on what occurred at the hearing, the Appeal Panel could not find that the Tribunal failed to engage with their case, denied procedural fairness, or failed to give adequate reasons. On a fair reading, the Tribunal considered both parties' evidence, applied the Residential Tenancies Act 2010 (NSW), and reached rationally explained findings. Any inapt references to damage, repair or fair wear and tear in relation to cleaning and gardening did not show material error. Leave to appeal was refused because no...

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.']