Asuzu v Su [2021] NSWCATAP 103

Asuzu v Su [2021] NSWCATAP 103

The appeal was dismissed because the appellant failed to provide evidence that his household income, including his wife's, was reduced by at least 25% due to the COVID-19 pandemic. Without this evidence, the protections under the COVID-19 pandemic provisions could not apply.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 April 2021
Procedural Posture
Appeal / Final Determination
Outcome
Appeal dismissed
Legal Topics
['legislation Protecting Tenants' 'covid 19 Pandemic Provisions' 'impacted Tenant Definition' 'proof of Reduction in Household Income']
['residential Tenancy' 'covid 19 Emergency Law'] ['legislation Protecting Tenants' 'covid 19 Pandemic Provisions' 'impacted Tenant Definition' 'proof of Reduction in Household Income']

Source-derived case record

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Procedural Posture

Appeal / Final Determination

Legal Issues

  1. 1 ['Whether appellant qualified as an impacted tenant under COVID-19 pandemic provisions' 'Whether household income was reduced by at least 25% due to COVID-19 pandemic' 'Procedural fairness regarding evidence and adjournment']

Ratio Decidendi

The appeal was dismissed because the appellant failed to provide evidence that his household income, including his wife's, was reduced by at least 25% due to the COVID-19 pandemic. Without this evidence, the protections under the COVID-19 pandemic provisions could not apply.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The stay order made on 12 January and continued on 2 February 2021 is discharged.']