Udy v Tilley [2018] NSWCATAP 89

Udy v Tilley [2018] NSWCATAP 89

The appellant's application was out of time under the RT Act/Regulation, and in any event was precluded by the full and final settlement reached in the landlord's compensation proceedings. There was no basis to interfere with the Tribunal's fact findings and no error in the refusal of leave to appeal.

Parties
Appellant: Michael Udy; Respondent: Monique Tilley
Jurisdiction
Australia
Judgment Date
26 April 2018
Procedural Posture
Residential Tenancy, Compensation Claim, Appeal / Application for Leave to Appeal and Appeal
Outcome
Leave to appeal refused, appeal dismissed
Legal Topics
Water Usage Charges, Breach of Residential Tenancy Agreement, Time Limits for Applications, Settlement of Claims
Tenancy Civil Procedure Water Usage Charges Breach of Residential Tenancy Agreement Time Limits for Applications Settlement of Claims

Case Brief

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Parties

Michael Udy

Appellant

Monique Tilley

Respondent

Procedural Posture

Residential Tenancy, Compensation Claim, Appeal / Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether the application for compensation was out of time under s 190(1) RT Act and reg 22(9) RT Regulation
  2. 2 Whether the earlier settlement agreement precluded the present claim
  3. 3 Whether the Tribunal erred as to the nature of the claim (compensation vs refund)

Ratio Decidendi

The appellant's application was out of time under the RT Act/Regulation, and in any event was precluded by the full and final settlement reached in the landlord's compensation proceedings. There was no basis to interfere with the Tribunal's fact findings and no error in the refusal of leave to appeal.

Court Disposition

Leave to appeal refused, appeal dismissed

Orders

  • The application for leave to appeal is refused and the appeal is otherwise dismissed.