Kimber v Gallop [2015] NSWCATAP 10

Kimber v Gallop [2015] NSWCATAP 10

Claims for compensation not previously considered by the Tribunal were examined on their merits. Each was dismissed for lack of evidence or because the alleged breaches were not established. The procedural denial of natural justice claimed by the appellant was remedied by the Appeal Panel's substantive consideration of her claims. The appeal, although filed out of time, was permitted, but no compensation was awarded and the appeal dismissed.

Parties
Appellant: Lynda Kimber; Respondent: John Gallop; Respondent: Robert Gallop
Jurisdiction
Australia
Judgment Date
10 February 2015
Procedural Posture
Civil Appeal / Appeal Determination
Outcome
Appeal dismissed; time to appeal extended
Legal Topics
Quiet Enjoyment, Compensation for Breach, Natural Justice, Out of Time Appeal, Termination Notice, Repair Obligations, Bond Release
Residential Tenancy Administrative Law Quiet Enjoyment Compensation for Breach Natural Justice Out of Time Appeal Termination Notice Repair Obligations +1 more

Case Brief

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Parties

Lynda Kimber

Appellant

John Gallop

Respondent

Robert Gallop

Respondent

Procedural Posture

Civil Appeal / Appeal Determination

Legal Issues

  1. 1 Whether the Tribunal failed to consider eight compensation claims constituting a denial of natural justice
  2. 2 Whether the appellant is entitled to compensation for alleged breaches of quiet enjoyment and other obligations under the Residential Tenancies Act 2010
  3. 3 Whether the appeal, filed out of time, should be allowed

Ratio Decidendi

Claims for compensation not previously considered by the Tribunal were examined on their merits. Each was dismissed for lack of evidence or because the alleged breaches were not established. The procedural denial of natural justice claimed by the appellant was remedied by the Appeal Panel's substantive consideration of her claims. The appeal, although filed out of time, was permitted, but no compensation was awarded and the appeal dismissed.

Court Disposition

Appeal dismissed; time to appeal extended

Orders

  • Time for filing the notice of appeal is extended to 4 September 2014.
  • The appeal is dismissed.