Kelly v Umphelby [2021] NSWCATAP 148

Kelly v Umphelby [2021] NSWCATAP 148

Leave to appeal is refused and the appeal is dismissed as no error of law or procedural unfairness was demonstrated. The tenant failed to provide a transcript or record to substantiate his claim of having no notice, and was unable to show that an agreement to reduce rent existed. No viable defence was established, and thus no substantial miscarriage of justice was found.

Jurisdiction
Australia
Judgment Date
24 May 2021
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
['residential Tenancies Act 2010 (nsw)' 'procedural Fairness' 'non Payment of Rent' 'ex Parte Proceedings' 'leave to Appeal']
['tenancy Law' 'administrative Law'] ['residential Tenancies Act 2010 (nsw)' 'procedural Fairness' 'non Payment of Rent' 'ex Parte Proceedings' 'leave to Appeal']

Case Brief

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Procedural Posture

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether procedural fairness was denied in the ex parte hearing' 'Whether leave to appeal should be granted' 'Whether there was a fair and equitable decision']

Ratio Decidendi

Leave to appeal is refused and the appeal is dismissed as no error of law or procedural unfairness was demonstrated. The tenant failed to provide a transcript or record to substantiate his claim of having no notice, and was unable to show that an agreement to reduce rent existed. No viable defence was established, and thus no substantial miscarriage of justice was found.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

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