Croghan v Rees [2021] NSWCATAP 328

Croghan v Rees [2021] NSWCATAP 328

Leave to appeal was refused and the appeal dismissed because the appellant did not establish any error of law or satisfy the leave requirements. The Appeal Panel was not provided with written reasons, a transcript, or the tenant's full evidence, and therefore could not find that the compensation award or the 50% depreciation allowance was against the weight of evidence. The sound recording showed that the Tribunal considered the tenant's evidence, invited submissions, took depreciation into account, and was entitled under s 38 of the NCAT Act to proceed as it did.

Jurisdiction
Australia
Judgment Date
26 October 2021
Procedural Posture
Residential Tenancy Compensation Appeal / Appeal Panel Application for Leave to Appeal and Appeal From Consumer and Commercial Division Decision
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['residential Tenancies Act 2010 (nsw)' 'compensation for Damaged Goods From Water Leak and Mould' 'leave to Appeal' 'against the Weight of Evidence' 'depreciation of Goods']
['leases and Tenancies' 'civil Procedure'] ['residential Tenancies Act 2010 (nsw)' 'compensation for Damaged Goods From Water Leak and Mould' 'leave to Appeal' 'against the Weight of Evidence' 'depreciation of Goods']

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Procedural Posture

Residential Tenancy Compensation Appeal / Appeal Panel Application for Leave to Appeal and Appeal From Consumer and Commercial Division Decision

Legal Issues

  1. 1 ["Whether the Tribunal's assessment of compensation for damaged goods was against the weight of evidence." 'Whether the Tribunal failed to adequately consider and apply depreciation when calculating damages.' 'Whether any error of law or basis for leave to appeal was established.']

Ratio Decidendi

Leave to appeal was refused and the appeal dismissed because the appellant did not establish any error of law or satisfy the leave requirements. The Appeal Panel was not provided with written reasons, a transcript, or the tenant's full evidence, and therefore could not find that the compensation award or the 50% depreciation allowance was against the weight of evidence. The sound recording showed that the Tribunal considered the tenant's evidence, invited submissions, took depreciation into account, and was entitled under s 38 of the NCAT Act to proceed as it did.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

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