Le v Silverwater Projects Pty Ltd [2022] NSWCATAP 382

Le v Silverwater Projects Pty Ltd [2022] NSWCATAP 382

The tenant did not establish any error on a question of law or any basis for leave to appeal. The disputed bank statements and sale letter would not have changed the outcome because the issue was not merely what payments were made, but to what date rent had been paid. The sale of the property changed the identity of the landlord but did not create a new tenancy agreement or extinguish existing arrears. The decision was not shown to be unfair or inequitable, against the weight of evidence, or affected by significant new evidence.

Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From a Consumer and Commercial Division Residential Tenancy Decision / Appeal Panel Hearing on Leave to Appeal and Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['internal Appeal' 'leave to Appeal' 'rent Arrears' 'termination Order' 'possession Order' 'substantial Miscarriage of Justice' 'fresh Evidence']
['residential Tenancies' 'civil Procedure' 'administrative Law'] ['internal Appeal' 'leave to Appeal' 'rent Arrears' 'termination Order' 'possession Order' 'substantial Miscarriage of Justice' 'fresh Evidence']

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From a Consumer and Commercial Division Residential Tenancy Decision / Appeal Panel Hearing on Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether the Tribunal at first instance made an error on a question of law' 'Whether leave to appeal should be granted on the basis that the decision was not fair and equitable, was against the weight of evidence, or significant new evidence had arisen' 'Whether bank statements and a sale notification letter would have changed the conclusion about rent arrears' 'Whether arrears existing before sale of the premises ceased to be owing after the change of landlord']

Ratio Decidendi

The tenant did not establish any error on a question of law or any basis for leave to appeal. The disputed bank statements and sale letter would not have changed the outcome because the issue was not merely what payments were made, but to what date rent had been paid. The sale of the property changed the identity of the landlord but did not create a new tenancy agreement or extinguish existing arrears. The decision was not shown to be unfair or inequitable, against the weight of evidence, or affected by significant new evidence.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.']