Tancred v Millar Properties Pty Ltd [2016] NSWCATAP 222

Tancred v Millar Properties Pty Ltd [2016] NSWCATAP 222

Non-compliance with s 29(4) of the Residential Tenancies Act, 2010 by not completing a condition report after termination did not preclude the landlord from relying on other evidence, including the Schedule of Issues and photographs. The Tribunal was entitled to consider that evidence together with the exit condition report and the tenants' evidence. The appellants did not show procedural unfairness, that the decision was against the weight of evidence, or any substantial miscarriage of justice, and the other grounds concerning photographs, cleaning and painting were not made out. The short delay in filing caused no prejudice, so time was extended, but leave to appeal was refused and the...

Jurisdiction
Australia
Judgment Date
06 October 2016
Procedural Posture
Residential Tenancy Appeal / Appeal Panel; Application for Leave to Appeal and Extension of Time
Outcome
Time extended; leave to appeal refused; appeal dismissed.
Legal Topics
['internal Appeal' 'leave to Appeal' 'extension of Time' 'condition Report' 'compensation for Property Damage' 'substantial Miscarriage of Justice']
['residential Tenancy Law' 'civil and Administrative Tribunal Procedure'] ['internal Appeal' 'leave to Appeal' 'extension of Time' 'condition Report' 'compensation for Property Damage' 'substantial Miscarriage of Justice']

Case Brief

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Procedural Posture

Residential Tenancy Appeal / Appeal Panel; Application for Leave to Appeal and Extension of Time

Legal Issues

  1. 1 ['Whether time for filing the Notice of Appeal should be extended.' 'Whether s 29 of the Residential Tenancies Act, 2010 was breached and, if so, whether the landlord was precluded from relying on the Schedule of Issues and photographs.' 'Whether leave to appeal should be granted under cl 12 of Sch 4 of the Civil and Administrative Tribunal Act 2013 on the basis of a substantial miscarriage of justice.' "Whether the Tribunal's decision was not fair and equitable or was against the weight of evidence." 'Whether allegations concerning photographs, cleaning and painting provided a basis for appeal.']

Ratio Decidendi

Non-compliance with s 29(4) of the Residential Tenancies Act, 2010 by not completing a condition report after termination did not preclude the landlord from relying on other evidence, including the Schedule of Issues and photographs. The Tribunal was entitled to consider that evidence together with the exit condition report and the tenants' evidence. The appellants did not show procedural unfairness, that the decision was against the weight of evidence, or any substantial miscarriage of justice, and the other grounds concerning photographs, cleaning and painting were not made out. The short delay in filing caused no prejudice, so time was extended, but leave to appeal was refused and the...

Court Disposition

Time extended; leave to appeal refused; appeal dismissed.

Orders

  • ['The time for filing the Notice of Appeal is extended to 8 July 2016.' 'Leave to appeal refused.' 'The appeal is dismissed.']