Nguyen v Conley [2023] NSWCATAP 220

Nguyen v Conley [2023] NSWCATAP 220

Leave to appeal was refused and the appeal dismissed because the appellant failed to identify any error of law, failed to meet the requirements for leave under cl 12(1) of Sch 4 of the Civil and Administrative Tribunal Act 2013 (NSW), failed to present significant new evidence that was not reasonably available at first instance, and sought to reagitate matters previously resolved by consent or withdrawn without proper grounds to set aside those outcomes.

Parties
Appellant: Hong Nguyen; First Respondent: Matthew Conley; Second Respondent: Amanda Agius
Jurisdiction
Australia
Judgment Date
08 August 2023
Procedural Posture
Appeal / Leave to Appeal and Merits Appeal Before Appeal Panel
Outcome
Leave to appeal refused; appeal dismissed; no order as to costs.
Legal Topics
Appeal – Residential Tenancy, Consent Orders, Jurisdictional Limit, Reagitating Withdrawn Claims
Residential Tenancy Tribunal Procedure Appeal – Residential Tenancy Consent Orders Jurisdictional Limit Reagitating Withdrawn Claims

Case Brief

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Parties

Hong Nguyen

Appellant

Matthew Conley

First Respondent

Amanda Agius

Second Respondent

Procedural Posture

Appeal / Leave to Appeal and Merits Appeal Before Appeal Panel

Legal Issues

  1. 1 Whether leave to appeal should be granted against the Tribunal decision regarding residential tenancy claims
  2. 2 Whether appellant suffered a substantial miscarriage of justice under cl 12(1) of Sch 4 of the Civil and Administrative Tribunal Act 2013 (NSW)
  3. 3 Whether the Tribunal decision below was not fair and equitable or against the weight of the evidence

Ratio Decidendi

Leave to appeal was refused and the appeal dismissed because the appellant failed to identify any error of law, failed to meet the requirements for leave under cl 12(1) of Sch 4 of the Civil and Administrative Tribunal Act 2013 (NSW), failed to present significant new evidence that was not reasonably available at first instance, and sought to reagitate matters previously resolved by consent or withdrawn without proper grounds to set aside those outcomes.

Court Disposition

Leave to appeal refused; appeal dismissed; no order as to costs.

Orders

  • Leave to appeal refused.
  • Appeal dismissed.