Kassab v Mandoukas [2021] NSWCATAP 118

Kassab v Mandoukas [2021] NSWCATAP 118

No error was identified in the Tribunal's calculation of rent arrears, nor any evidence that could vary the sum of $4,422.85 ordered; the Tribunal and Appeal Panel lacked power to transfer the tenancy or substitute parties. Leave to appeal was refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
05 May 2021
Procedural Posture
Appeal / Application for Leave to Appeal and Appeal Determination
Outcome
Leave to appeal refused and appeal dismissed.
Legal Topics
['rent Arrears' 'termination of Tenancy' 'possession Orders' 'appeal Process' 'jurisdiction']
['residential Tenancy' 'administrative Law'] ['rent Arrears' 'termination of Tenancy' 'possession Orders' 'appeal Process' 'jurisdiction']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 ['Whether the Tribunal erred in calculating the amount of rent arrears owed by the tenant' "Whether the Tribunal had the power to transfer the tenancy agreement into another person's name" 'Whether fresh evidence and new grounds can be raised on appeal']

Ratio Decidendi

No error was identified in the Tribunal's calculation of rent arrears, nor any evidence that could vary the sum of $4,422.85 ordered; the Tribunal and Appeal Panel lacked power to transfer the tenancy or substitute parties. Leave to appeal was refused and the appeal dismissed.

Court Disposition

Leave to appeal refused and appeal dismissed.

Orders

  • ['The application for leave to appeal is refused.' 'The appeal is otherwise dismissed.']