Scott v Mason [2021] NSWCATAP 151

Scott v Mason [2021] NSWCATAP 151

The appellant failed to demonstrate any error of law or substantial miscarriage of justice; he had proper notice and opportunity to participate; procedural fairness was afforded; the findings at first instance were not against the weight of evidence nor procedurally unfair. Leave to appeal was refused and the appeal dismissed.

Parties
Appellant: Michael Craig Scott; Respondent: Jotham Mason
Jurisdiction
Australia
Judgment Date
26 May 2021
Procedural Posture
Internal Appeal (residential Tenancy) / Appeal Application for Leave to Appeal and Dismissal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
Termination of Tenancy on Harassment/intimidation Grounds, Procedural Fairness, Leave to Appeal Criteria, Urgent Application Procedure
Residential Tenancy Administrative Law Termination of Tenancy on Harassment/intimidation Grounds Procedural Fairness Leave to Appeal Criteria Urgent Application Procedure

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Parties

Michael Craig Scott

Appellant

Jotham Mason

Respondent

Procedural Posture

Internal Appeal (residential Tenancy) / Appeal Application for Leave to Appeal and Dismissal

Legal Issues

  1. 1 Whether the appellant was denied procedural fairness in the first instance hearing
  2. 2 Whether the Tribunal’s decision was not fair and equitable or against the weight of evidence
  3. 3 Whether a substantial miscarriage of justice has occurred

Ratio Decidendi

The appellant failed to demonstrate any error of law or substantial miscarriage of justice; he had proper notice and opportunity to participate; procedural fairness was afforded; the findings at first instance were not against the weight of evidence nor procedurally unfair. Leave to appeal was refused and the appeal dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • Leave to appeal refused.
  • Appeal dismissed.