Richards v Omega House Pty Ltd [2016] NSWCATAP 17

Richards v Omega House Pty Ltd [2016] NSWCATAP 17

The Appeal Panel held that there was no error of law in the Tribunal's finding that the s 52 claims were out of time and that no reasonable explanation justified an extension, nor in the finding that the landlord had not failed to act with reasonable diligence under s 63. The tenant's grounds sought to re-agitate factual matters, the tendered material was not new evidence, and there was no issue of principle, matter of general importance, new evidence, or demonstrated error warranting leave.

Jurisdiction
Australia
Judgment Date
21 January 2016
Procedural Posture
Residential Tenancy Appeal / Application for Leave to Appeal and Appeal Before the Civil and Administrative Tribunal of New South Wales Appeal Panel
Outcome
Leave to appeal is refused and the appeal is otherwise dismissed.
Legal Topics
['leave to Appeal' 'question of Law' 'out of Time Application' 'landlord Obligations' 'repairs' 'quiet Enjoyment' 'new Evidence']
['residential Tenancy Law' 'administrative Law' 'civil Procedure'] ['leave to Appeal' 'question of Law' 'out of Time Application' 'landlord Obligations' 'repairs' 'quiet Enjoyment' 'new Evidence']

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Procedural Posture

Residential Tenancy Appeal / Application for Leave to Appeal and Appeal Before the Civil and Administrative Tribunal of New South Wales Appeal Panel

Legal Issues

  1. 1 ["Whether the tenant's claims for breaches of s 52 of the Residential Tenancies Act 2010 (NSW) were brought out of time and whether time should have been extended." 'Whether the Tribunal below erred in finding that the landlord had not breached s 63 of the Residential Tenancies Act 2010 (NSW) because it acted with reasonable diligence in responding to requests for repairs.' 'Whether the tenant identified an error of law giving an appeal as of right under s 80 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether leave to appeal should be granted to re-agitate factual findings made below.' 'Whether the tendered material was new evidence within the meaning of clause 12 of Schedule 2 to the Regulations to the Civil and Administrative Tribunal Act.']

Ratio Decidendi

The Appeal Panel held that there was no error of law in the Tribunal's finding that the s 52 claims were out of time and that no reasonable explanation justified an extension, nor in the finding that the landlord had not failed to act with reasonable diligence under s 63. The tenant's grounds sought to re-agitate factual matters, the tendered material was not new evidence, and there was no issue of principle, matter of general importance, new evidence, or demonstrated error warranting leave.

Court Disposition

Leave to appeal is refused and the appeal is otherwise dismissed.

Orders

  • ['Leave to appeal is refused and the appeal is otherwise dismissed.']