Hsueh v Alldis & Cox (Coogee) Pty Ltd [2019] NSWCATAP 11

Hsueh v Alldis & Cox (Coogee) Pty Ltd [2019] NSWCATAP 11

Although the appeal was lodged 30 days late, the delay was relatively short and the Agent did not oppose an extension or identify prejudice, so time was extended. The grounds of appeal did not raise any question of law and Ms Hsueh did not show that the Tribunal's factual findings were not fair and equitable, were against the weight of evidence, or caused a substantial miscarriage of justice. The findings concerning the cooktop, rent arrears, vanity, carpet and back step were open on the evidence, so leave to appeal was refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
07 January 2019
Procedural Posture
Appeal From a Consumer and Commercial Division Decision Dismissing Claims for Compensation Against a Managing Agent / Appeal Determined on the Papers, Including Application for Extension of Time and Leave to Appeal on Grounds Other Than a Question of Law
Outcome
Time for commencement of the appeal extended; leave to appeal on grounds other than a question of law refused; appeal dismissed.
Legal Topics
['extension of Time to Commence Appeal' 'leave to Appeal' 'question of Law' 'substantial Miscarriage of Justice' 'management Agency Agreement' 'alleged Breach by Property Managing Agent' 'compensation Claims']
['administrative Law' 'consumer and Commercial' 'property and Real Estate Agents' 'residential Tenancy'] ['extension of Time to Commence Appeal' 'leave to Appeal' 'question of Law' 'substantial Miscarriage of Justice' 'management Agency Agreement' 'alleged Breach by Property Managing Agent' 'compensation Claims']

Case Brief

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Procedural Posture

Appeal From a Consumer and Commercial Division Decision Dismissing Claims for Compensation Against a Managing Agent / Appeal Determined on the Papers, Including Application for Extension of Time and Leave to Appeal on Grounds Other Than a Question of Law

Legal Issues

  1. 1 ['Whether time for commencement of the appeal should be extended under s 41 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the appeal raised any question of law.' 'Whether leave to appeal should be granted on the basis that the decision was not fair and equitable or was against the weight of evidence.' "Whether the Tribunal's findings about the cooktop replacement, rent collection, vanity damage, carpet replacement and back step repair should be disturbed."]

Ratio Decidendi

Although the appeal was lodged 30 days late, the delay was relatively short and the Agent did not oppose an extension or identify prejudice, so time was extended. The grounds of appeal did not raise any question of law and Ms Hsueh did not show that the Tribunal's factual findings were not fair and equitable, were against the weight of evidence, or caused a substantial miscarriage of justice. The findings concerning the cooktop, rent arrears, vanity, carpet and back step were open on the evidence, so leave to appeal was refused and the appeal dismissed.

Court Disposition

Time for commencement of the appeal extended; leave to appeal on grounds other than a question of law refused; appeal dismissed.

Orders

  • ['Pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 (NSW) the time for the commencement of the appeal be extended to 29 September 2017;' 'Leave to appeal on grounds other than a question of law is refused.' 'The appeal is dismissed.']