Renda v Wu [2016] NSWCATAP 238

Renda v Wu [2016] NSWCATAP 238

The Tribunal erred in law and breached procedural fairness by failing to inform the self-represented tenant of her right to apply to cross-examine key witnesses. It is not possible to conclude that this denial could not have affected the outcome and, given that the question of extension of time was not considered, the proceedings must be remitted for redetermination.

Jurisdiction
Australia
Judgment Date
08 November 2016
Procedural Posture
Appeal / Appeal Panel Decision on Leave and Substantive Grounds
Outcome
Appeal allowed in part; proceedings remitted for redetermination
Legal Topics
['appeals' 'procedural Fairness' 'residential Tenancies' 'extension of Time' 'self Represented Litigants']
['administrative Law' 'tenancy Law'] ['appeals' 'procedural Fairness' 'residential Tenancies' 'extension of Time' 'self Represented Litigants']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision on Leave and Substantive Grounds

Legal Issues

  1. 1 ['Whether the Tribunal denied procedural fairness by failing to inform the self-represented appellants of their right to cross-examine witnesses' 'Whether allowing the appeal and remitting the matter would be futile due to limitation periods or findings not affected by the error' 'Whether leave should be granted to appeal on grounds not raising questions of law']

Ratio Decidendi

The Tribunal erred in law and breached procedural fairness by failing to inform the self-represented tenant of her right to apply to cross-examine key witnesses. It is not possible to conclude that this denial could not have affected the outcome and, given that the question of extension of time was not considered, the proceedings must be remitted for redetermination.

Court Disposition

Appeal allowed in part; proceedings remitted for redetermination

Orders

  • ['Leave to appeal out of time is granted.' "Leave to appeal on the ground that the appellant's evidence was rejected is refused." 'Appeal allowed.' 'The proceedings are remitted to the Tribunal to be determined in accordance with these reasons and otherwise according to law.']