Le v Gallego [2017] NSWCATAP 58

Le v Gallego [2017] NSWCATAP 58

The Tribunal Member was not satisfied, on documentary and affidavit evidence, that Mr Gallego and the previous owner had objectively manifested an intention to enter into a binding lease; negotiations were too vague and inconsistent, and payment of a deposit was subject to final agreement. No significant new evidence or grounds justifying leave to appeal were established.

Parties
Appellant: Le Thi Thu Le; Respondent: Walther Gallego
Jurisdiction
Australia
Judgment Date
15 March 2017
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed, leave to appeal refused.
Legal Topics
Retail Leases, Objective Intention to Lease, Written Agreement, Residential Tenancy
Contracts Property Law Retail Leases Objective Intention to Lease Written Agreement Residential Tenancy

Case Brief

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Parties

Le Thi Thu Le

Appellant

Walther Gallego

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether evidence disclosed an objective intention to enter into a lease without a written agreement
  2. 2 Whether applicant was entitled to rent for period prior to formal tenancy agreement
  3. 3 Whether leave to appeal should be granted on grounds of fairness, weight of evidence, or significant new evidence

Ratio Decidendi

The Tribunal Member was not satisfied, on documentary and affidavit evidence, that Mr Gallego and the previous owner had objectively manifested an intention to enter into a binding lease; negotiations were too vague and inconsistent, and payment of a deposit was subject to final agreement. No significant new evidence or grounds justifying leave to appeal were established.

Court Disposition

Appeal dismissed, leave to appeal refused.

Orders

  • Leave to appeal refused.
  • Appeal dismissed.