McWilliam v Chee [2025] NSWCATAP 18

McWilliam v Chee [2025] NSWCATAP 18

The Appeal Panel found the original Tribunal member's refusal of the adjournment application failed to adequately consider Mr McWilliam's reasons and evidence for non-attendance, and that procedural fairness was denied. This constituted an error of law warranting the setting aside of the dismissal and remitting the proceedings.

Parties
Appellant: Jeong McWilliam; Respondent: Austin Kwong Chee; Respondent: Lyndy Kim Ying Yam
Jurisdiction
Australia
Judgment Date
28 January 2025
Procedural Posture
Appeal / Decision on Leave to Appeal and Appeal
Outcome
Appeal allowed; orders below set aside; matter remitted for rehearing
Legal Topics
Procedural Fairness, Adjournment Application, Residential Tenancy, Electricity Charges, Internal Appeal
Administrative Law Tenancy Law Procedural Fairness Adjournment Application Residential Tenancy Electricity Charges Internal Appeal

Case Brief

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Parties

Jeong McWilliam

Appellant

Austin Kwong Chee

Respondent

Lyndy Kim Ying Yam

Respondent

Procedural Posture

Appeal / Decision on Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether the Tribunal denied procedural fairness in refusing the adjournment application
  2. 2 Whether there was utility in allowing the appeal and remitting the proceedings
  3. 3 Whether the appellant had made a written request to the landlords under s 47 of the Residential Tenancies Act 2010

Ratio Decidendi

The Appeal Panel found the original Tribunal member's refusal of the adjournment application failed to adequately consider Mr McWilliam's reasons and evidence for non-attendance, and that procedural fairness was denied. This constituted an error of law warranting the setting aside of the dismissal and remitting the proceedings.

Court Disposition

Appeal allowed; orders below set aside; matter remitted for rehearing

Orders

  • Leave to appeal insofar as it is required granted.
  • Appeal allowed.