Murphie v Chen [2020] NSWCATAP 212

Murphie v Chen [2020] NSWCATAP 212

The Appeal Panel dismissed the appeal because the Tribunal did not err in finding the rental arrears undisputed, the appellant's material was considered but did not found a defence to the arrears claim, the respondent had proved the quantum of arrears, and the complaint about time to find alternative accommodation had no further utility after a further stay was obtained.

Jurisdiction
Australia
Judgment Date
19 October 2020
Procedural Posture
Appeal From Civil and Administrative Tribunal Consumer and Commercial Division Residential Tenancy Set Aside Decision / Appeal Dismissed by Appeal Panel
Outcome
Appeal dismissed
Legal Topics
['termination of Residential Tenancy Agreement' 'possession Order' 'rental Arrears' 'application to Set Aside or Vary Decision' 'appeal From Tribunal Decision']
['residential Tenancy Law' 'civil Procedure'] ['termination of Residential Tenancy Agreement' 'possession Order' 'rental Arrears' 'application to Set Aside or Vary Decision' 'appeal From Tribunal Decision']

Case Brief

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Procedural Posture

Appeal From Civil and Administrative Tribunal Consumer and Commercial Division Residential Tenancy Set Aside Decision / Appeal Dismissed by Appeal Panel

Legal Issues

  1. 1 ['Whether the Tribunal erred by treating the rental arrears as undisputed when the appellant said he disputed rent.' "Whether the Tribunal failed to consider the appellant's response and evidence filed before the set aside hearing." 'Whether the respondent had provided evidence for its claims.' 'Whether the appellant had insufficient time to find alternative accommodation because of COVID isolation.']

Ratio Decidendi

The Appeal Panel dismissed the appeal because the Tribunal did not err in finding the rental arrears undisputed, the appellant's material was considered but did not found a defence to the arrears claim, the respondent had proved the quantum of arrears, and the complaint about time to find alternative accommodation had no further utility after a further stay was obtained.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']