Khoury v Frasier [2023] NSWCATAP 180

Khoury v Frasier [2023] NSWCATAP 180

The appellant failed to establish an error of law or any basis for granting leave to appeal; leave to appeal was refused and the appeal dismissed because the requirements of Sch 4 cl 12(1) of the NCAT Act were not satisfied, and no substantial miscarriage of justice warranting review was demonstrated.

Jurisdiction
Australia
Judgment Date
30 June 2023
Procedural Posture
Appeal / Leave to Appeal and Merits Determination Appeal Panel Decision
Outcome
Appeal dismissed; leave to appeal refused.
Legal Topics
['internal Appeals' 'leave to Appeal' 'error of Law' 'consumer and Commercial Division' 'tribunal Procedure']
['tenancy' 'civil Procedure'] ['internal Appeals' 'leave to Appeal' 'error of Law' 'consumer and Commercial Division' 'tribunal Procedure']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal and Merits Determination Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the appeal raises a question of law' 'Whether there is a basis for granting leave to appeal' 'Assessment of fairness, weight of evidence, and availability of new evidence']

Ratio Decidendi

The appellant failed to establish an error of law or any basis for granting leave to appeal; leave to appeal was refused and the appeal dismissed because the requirements of Sch 4 cl 12(1) of the NCAT Act were not satisfied, and no substantial miscarriage of justice warranting review was demonstrated.

Court Disposition

Appeal dismissed; leave to appeal refused.

Orders

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