Greenacre v Mayer [2018] NSWCATAP 222

Greenacre v Mayer [2018] NSWCATAP 222

The appellant did not establish that the Tribunal's decision was not fair and equitable, was against the weight of evidence, or that significant new evidence had arisen. The Tribunal had evidence including photographs, a condition report, an email about the large oil stain, and independent repair quotes for the driveway and cracked glass, so its orders were open on the evidence. The appellant's father's statutory declaration and quote/report were not significant new evidence reasonably unavailable at the original hearing. Leave to appeal was therefore refused and the appeal otherwise dismissed.

Jurisdiction
Australia
Judgment Date
19 September 2018
Procedural Posture
Residential Tenancy Appeal / Application for Leave to Appeal and Appeal From Decision of Consumer and Commercial Division
Outcome
Application for leave to appeal refused; appeal otherwise dismissed.
Legal Topics
['compensation for Property Damage' 'rental Bond' 'leave to Appeal' 'substantial Miscarriage of Justice' 'fresh Evidence']
['residential Tenancy Law' 'civil and Administrative Tribunal Procedure'] ['compensation for Property Damage' 'rental Bond' 'leave to Appeal' 'substantial Miscarriage of Justice' 'fresh Evidence']

Case Brief

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Procedural Posture

Residential Tenancy Appeal / Application for Leave to Appeal and Appeal From Decision of Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether leave to appeal should be granted under Sch 4 cl 12 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the Tribunal decision was not fair and equitable.' 'Whether the Tribunal decision was against the weight of evidence.' 'Whether significant new evidence had arisen that was not reasonably available at the time of the hearing.' "Whether the Tribunal's compensation orders for driveway damage and cracked window were open on the evidence."]

Ratio Decidendi

The appellant did not establish that the Tribunal's decision was not fair and equitable, was against the weight of evidence, or that significant new evidence had arisen. The Tribunal had evidence including photographs, a condition report, an email about the large oil stain, and independent repair quotes for the driveway and cracked glass, so its orders were open on the evidence. The appellant's father's statutory declaration and quote/report were not significant new evidence reasonably unavailable at the original hearing. Leave to appeal was therefore refused and the appeal otherwise dismissed.

Court Disposition

Application for leave to appeal refused; appeal otherwise dismissed.

Orders

  • ['Application for leave to appeal refused.' 'The appeal is otherwise dismissed.']