Kelly v Mechler [2020] NSWCATAP 276

Kelly v Mechler [2020] NSWCATAP 276

The Tribunal did not deny procedural fairness, as evidence did not establish the failure to call the tenant, notice of hearing was duly served, and the tenant did not supply evidence supporting an impacted tenant status or erroneous rent arrears calculation; accordingly, the appeal was dismissed and leave to appeal refused on non-law grounds.

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Internal Appeal From Decisions of the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (ncat) / Appeal Panel Decision
Outcome
Appeal dismissed; leave to appeal on non-law ground refused; stay application dismissed.
Legal Topics
['procedural Fairness' 'appeals' 'residential Tenancy Termination' 'covid 19 Impacted Tenants' 'rental Arrears']
['tenancy Law' 'civil Procedure'] ['procedural Fairness' 'appeals' 'residential Tenancy Termination' 'covid 19 Impacted Tenants' 'rental Arrears']

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Procedural Posture

Internal Appeal From Decisions of the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (ncat) / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the Tribunal denied the tenant procedural fairness by hearing the proceedings in his absence and failing to telephone him at the commencement of the hearing' "Whether the Tribunal's finding that the tenant owed $8,245 in rental arrears was erroneous" 'Whether the Tribunal erred in making a termination order in circumstances where the tenant was an impacted tenant under COVID-19 legislation']

Ratio Decidendi

The Tribunal did not deny procedural fairness, as evidence did not establish the failure to call the tenant, notice of hearing was duly served, and the tenant did not supply evidence supporting an impacted tenant status or erroneous rent arrears calculation; accordingly, the appeal was dismissed and leave to appeal refused on non-law grounds.

Court Disposition

Appeal dismissed; leave to appeal on non-law ground refused; stay application dismissed.

Orders

  • ['Leave to appeal on ground of appeal which does not identify a question of law is refused' 'Appeal dismissed' 'The stay application made on 10 December 2020 is dismissed']