Moodini v Free [2023] NSWCATAP 176

Moodini v Free [2023] NSWCATAP 176

The appellant did not establish any error on a question of law. The assertion that the Member was unaware of s 26(1) of the Residential Tenancies Act 2010 or s 8(1)(i) of the Residential Tenancies Regulation 2019 was contradicted by the reasons, which referred to those provisions. The materials did not show that the decision was unfair or inequitable, and the appellant did not provide all evidence necessary to show that the decision was against the weight of evidence. Even if those matters had been arguable, the appellant did not demonstrate a basis for granting leave under Collins. The appeal was therefore dismissed, the stay lifted, and each party was to bear their own costs because no...

Jurisdiction
Australia
Judgment Date
30 June 2023
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From a Consumer and Commercial Division Decision Concerning Residential Tenancy Applications / Appeal Panel Decision on Appeal and Leave to Appeal
Outcome
Leave to appeal refused; appeal dismissed; stay order lifted; each party to bear their own costs of the appeal.
Legal Topics
['internal Appeal' 'leave to Appeal' 'question of Law' 'substantial Miscarriage of Justice' 'fair and Equitable Decision' 'weight of Evidence' 'costs' 'stay Order' 'access to Tenanted Premises' 'tenant Compensation']
['residential Tenancy' 'strata Schemes' 'civil Procedure' 'administrative Law'] ['internal Appeal' 'leave to Appeal' 'question of Law' 'substantial Miscarriage of Justice' 'fair and Equitable Decision' 'weight of Evidence' 'costs' 'stay Order' 'access to Tenanted Premises' 'tenant Compensation']

Case Brief

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From a Consumer and Commercial Division Decision Concerning Residential Tenancy Applications / Appeal Panel Decision on Appeal and Leave to Appeal

Legal Issues

  1. 1 ['Whether the appellant established an error on a question of law in the first instance decision' 'Whether leave to appeal should be granted on the basis that the decision was not fair and equitable or was against the weight of the evidence' 'Whether the appeal should be allowed or dismissed' 'Whether a costs order should be made for the appeal']

Ratio Decidendi

The appellant did not establish any error on a question of law. The assertion that the Member was unaware of s 26(1) of the Residential Tenancies Act 2010 or s 8(1)(i) of the Residential Tenancies Regulation 2019 was contradicted by the reasons, which referred to those provisions. The materials did not show that the decision was unfair or inequitable, and the appellant did not provide all evidence necessary to show that the decision was against the weight of evidence. Even if those matters had been arguable, the appellant did not demonstrate a basis for granting leave under Collins. The appeal was therefore dismissed, the stay lifted, and each party was to bear their own costs because no...

Court Disposition

Leave to appeal refused; appeal dismissed; stay order lifted; each party to bear their own costs of the appeal.

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.' 'The stay order made on 3 May 2023 is lifted.' 'Each party is to bear their own costs of the appeal.']