Nguyen v Cisera [2019] NSWCATAP 239

Nguyen v Cisera [2019] NSWCATAP 239

The length and reason for delay do not justify extension; grounds of appeal do not raise questions of law and lack merit; Tribunal's findings regarding rent arrears and compensation claims are supported by evidence; no actual or apprehended bias or procedural unfairness established; appeal has no prospects of success and leave to appeal should be refused.

Jurisdiction
Australia
Judgment Date
25 September 2019
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
Application to extend time refused; leave to appeal refused; appeal dismissed.
Legal Topics
['extension of Time to Appeal' 'rent Arrears' 'residential Tenancy Agreement' 'compensation Claims' 'procedural Fairness']
['residential Tenancy' 'administrative Law'] ['extension of Time to Appeal' 'rent Arrears' 'residential Tenancy Agreement' 'compensation Claims' 'procedural Fairness']

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Procedural Posture

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether time to file the Notice of Appeal should be extended' 'Whether leave to appeal should be granted' 'Whether Tribunal erred in awarding rent arrears' 'Whether Tribunal erred in dismissing compensation claims for dryer, CCTV, and parking' 'Whether Tribunal demonstrated actual or apprehended bias' 'Whether admission of late evidence deprived procedural fairness']

Ratio Decidendi

The length and reason for delay do not justify extension; grounds of appeal do not raise questions of law and lack merit; Tribunal's findings regarding rent arrears and compensation claims are supported by evidence; no actual or apprehended bias or procedural unfairness established; appeal has no prospects of success and leave to appeal should be refused.

Court Disposition

Application to extend time refused; leave to appeal refused; appeal dismissed.

Orders

  • ['The application to extend the time in which to file the Notice of Appeal is refused.' 'Leave to appeal is refused and the appeal is otherwise dismissed.']