Watson v Chen [2022] NSWCATAP 44

Watson v Chen [2022] NSWCATAP 44

The appeal was dismissed because the appellants provided no evidence that Mr Chen was not the sole owner of the property, the co-ownership point appeared not to have been taken below and would not be permitted as a new point, and Burns did not deprive NCAT of jurisdiction over this dispute because it was not a dispute between residents of different Australian States but a NSW residential tenancy dispute concerning NSW property, a tenancy agreement made in NSW, NSW tenants and a landlord residing in China, to which the Residential Tenancies Act 2010 (NSW) applied.

Jurisdiction
Australia
Judgment Date
17 February 2022
Procedural Posture
Residential Tenancy Appeal / Internal Appeal to the NCAT Appeal Panel From Orders of the Consumer and Commercial Division Dated 12 October 2021
Outcome
Time to appeal extended; appeal dismissed.
Legal Topics
['occupation Fee' 'extension of Time to Appeal' 'ncat Jurisdiction' 'federal Jurisdiction' 'residents of Different States' 'resident of China and Residents of Nsw' 'new Point on Appeal']
['residential Tenancies' 'civil Procedure' 'tribunal Jurisdiction'] ['occupation Fee' 'extension of Time to Appeal' 'ncat Jurisdiction' 'federal Jurisdiction' 'residents of Different States' 'resident of China and Residents of Nsw' 'new Point on Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Residential Tenancy Appeal / Internal Appeal to the NCAT Appeal Panel From Orders of the Consumer and Commercial Division Dated 12 October 2021

Legal Issues

  1. 1 ['Whether time to appeal should be extended where the appeal was filed a little over two weeks late.' 'Whether the Tribunal erred because the landlord was alleged to be a joint owner of the rented property but was the sole applicant.' 'Whether NCAT lacked jurisdiction, by reason of Burns, to determine a residential tenancy dispute between a landlord residing in China and tenants residing in NSW concerning property in NSW and an agreement made in NSW.' 'Whether the tenants should be granted an adjournment to obtain evidence supporting the alleged co-ownership point.']

Ratio Decidendi

The appeal was dismissed because the appellants provided no evidence that Mr Chen was not the sole owner of the property, the co-ownership point appeared not to have been taken below and would not be permitted as a new point, and Burns did not deprive NCAT of jurisdiction over this dispute because it was not a dispute between residents of different Australian States but a NSW residential tenancy dispute concerning NSW property, a tenancy agreement made in NSW, NSW tenants and a landlord residing in China, to which the Residential Tenancies Act 2010 (NSW) applied.

Court Disposition

Time to appeal extended; appeal dismissed.

Orders

  • ['Time to appeal is extended up to and including 16 November 2021.' 'Appeal dismissed.']