Mahlberg v Sun [2021] NSWCATAP 38

Mahlberg v Sun [2021] NSWCATAP 38

The alleged error in the amount of arrears was not an error of law. There was no substantial miscarriage of justice, as it was open to the Tribunal to prefer the Landlord's Ledger (a business record) over the appellant's spreadsheet. The criteria for leave to appeal were not satisfied.

Jurisdiction
Australia
Judgment Date
24 February 2021
Procedural Posture
Internal Appeal / Decision on Leave to Appeal and Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['rental Arrears' 'residential Tenancies Act 2010 (nsw)' 'appeal on Amount of Arrears' 'leave to Appeal' 'tribunal Procedure']
['tenancy Law'] ['rental Arrears' 'residential Tenancies Act 2010 (nsw)' 'appeal on Amount of Arrears' 'leave to Appeal' 'tribunal Procedure']

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Procedural Posture

Internal Appeal / Decision on Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether the Tribunal erred in calculating the amount of rental arrears as $15,000 instead of $13,600' 'Whether leave to appeal should be granted in circumstances where the alleged error would not constitute an error of law']

Ratio Decidendi

The alleged error in the amount of arrears was not an error of law. There was no substantial miscarriage of justice, as it was open to the Tribunal to prefer the Landlord's Ledger (a business record) over the appellant's spreadsheet. The criteria for leave to appeal were not satisfied.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

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