Barkat v Sun [2021] NSWCATAP 327

Barkat v Sun [2021] NSWCATAP 327

The Tribunal's refusal to allow cross-examination of the landlords' daughter on her statutory declaration constituted a denial of procedural fairness given the centrality of disputed facts, and therefore amounted to an error of law requiring the original Tribunal orders to be set aside and the matter remitted.

Parties
Appellant: Mark Barkat; Appellant: Rubina Barkat; Respondent: Zechao Sun; Respondent: Aiqing Xu
Jurisdiction
Australia
Judgment Date
25 October 2021
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal upheld
Legal Topics
Procedural Fairness, Termination of Tenancy, Retaliatory Notice, Oral Agreement, COVID 19 Provisions
Residential Tenancy Administrative Law Procedural Fairness Termination of Tenancy Retaliatory Notice Oral Agreement COVID 19 Provisions

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Parties

Mark Barkat

Appellant

Rubina Barkat

Appellant

Zechao Sun

Respondent

Aiqing Xu

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether denial of cross-examination constituted procedural fairness breach
  2. 2 Whether an oral agreement for tenancy renewal existed
  3. 3 Authority of landlords' daughter to negotiate agreement

Ratio Decidendi

The Tribunal's refusal to allow cross-examination of the landlords' daughter on her statutory declaration constituted a denial of procedural fairness given the centrality of disputed facts, and therefore amounted to an error of law requiring the original Tribunal orders to be set aside and the matter remitted.

Court Disposition

appeal upheld

Orders

  • Appeal upheld.
  • The orders of the Tribunal made on 18 February 2021 are set aside.