Colman v Dang [2022] NSWCATAP 126

Colman v Dang [2022] NSWCATAP 126

The appellant failed to provide the required evidence and transcript to support her grounds of appeal, and the mould report did not meet the threshold for fresh evidence. The Tribunal’s calculation of the occupation fee and the compensation awards were correct. No error of law nor basis for leave to appeal was established, and leave to appeal was refused and the appeal dismissed.

Parties
Appellant: Kylie Colman; Appellant: Jon Colman; Respondent: Yong Bing Dang
Jurisdiction
Australia
Judgment Date
29 April 2022
Procedural Posture
Residential Tenancy Appeal / Appeal Panel Decision
Outcome
Appeal dismissed; leave to appeal refused.
Legal Topics
Appeals, Rent Reduction, Compensation for Repairs, Admission of Fresh Evidence
Residential Tenancy Appeals Rent Reduction Compensation for Repairs Admission of Fresh Evidence

Case Brief

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Parties

Kylie Colman

Appellant

Jon Colman

Appellant

Yong Bing Dang

Respondent

Procedural Posture

Residential Tenancy Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred in its award of compensation for a leaking shower
  2. 2 Whether the Tribunal erred in calculating the occupation fee post-termination
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The appellant failed to provide the required evidence and transcript to support her grounds of appeal, and the mould report did not meet the threshold for fresh evidence. The Tribunal’s calculation of the occupation fee and the compensation awards were correct. No error of law nor basis for leave to appeal was established, and leave to appeal was refused and the appeal dismissed.

Court Disposition

Appeal dismissed; leave to appeal refused.

Orders

  • Leave to appeal refused.
  • Appeal dismissed.