Bowers v Karai [2021] NSWCATAP 316

Bowers v Karai [2021] NSWCATAP 316

There were no properly arguable grounds for appeal on any question of law; no evidence established that the Tribunal's decision was not fair and equitable or that a substantial miscarriage of justice occurred; leave to appeal was refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
13 October 2021
Procedural Posture
Appeal / Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal refused; Appeal dismissed
Legal Topics
['residential Tenancies Act 2010 (nsw)' 'appeals Procedure' 'bond Deductions' 'water Usage Compensation']
['tenancy Law' 'consumer Law'] ['residential Tenancies Act 2010 (nsw)' 'appeals Procedure' 'bond Deductions' 'water Usage Compensation']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether the Tribunal erred by failing to make a finding of fraud' 'Whether the Tribunal erred in allowing Mr Karai to appear for other respondents' 'Whether leave to appeal should be granted']

Ratio Decidendi

There were no properly arguable grounds for appeal on any question of law; no evidence established that the Tribunal's decision was not fair and equitable or that a substantial miscarriage of justice occurred; leave to appeal was refused and the appeal dismissed.

Court Disposition

Leave to appeal refused; Appeal dismissed

Orders

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