Zhang v Tam [2019] NSWCATAP 32

Zhang v Tam [2019] NSWCATAP 32

The appeal was out of time and the applicant failed to provide persuasive reasons for the delay. No error of law or sufficient grounds for leave to appeal were demonstrated. The tenant's complaints about calculation errors were either unsupported by evidence or based on misunderstandings. The substance and merits of the appeal did not justify extension of time or disturbance of the Tribunal's findings.

Parties
Appellant: Guan Bo Zhang; Respondent: Thomas Tam
Jurisdiction
Australia
Judgment Date
25 January 2019
Procedural Posture
Appeal / Determination of Leave and Merits
Outcome
Appeal dismissed
Legal Topics
Appeal Out of Time, Extension of Time, Calculation of Rent Arrears, Occupation Fee, Tribunal Powers
Residential Tenancy Civil Procedure Appeal Out of Time Extension of Time Calculation of Rent Arrears Occupation Fee Tribunal Powers

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Parties

Guan Bo Zhang

Appellant

Thomas Tam

Respondent

Procedural Posture

Appeal / Determination of Leave and Merits

Legal Issues

  1. 1 Whether the appeal was lodged out of time and whether extension of time should be granted
  2. 2 Whether the Tribunal made errors in calculation of rent arrears and occupation fee
  3. 3 Whether the order reducing rent was against the weight of evidence or erroneous

Ratio Decidendi

The appeal was out of time and the applicant failed to provide persuasive reasons for the delay. No error of law or sufficient grounds for leave to appeal were demonstrated. The tenant's complaints about calculation errors were either unsupported by evidence or based on misunderstandings. The substance and merits of the appeal did not justify extension of time or disturbance of the Tribunal's findings.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal is refused
  • The Appeal dismissed