Omary v Eid [2023] NSWCATAP 177

Omary v Eid [2023] NSWCATAP 177

The Appeal Panel found that appellants did not provide evidence to support their claims that rent arrears and damage amounts were incorrect, or that they were not responsible. The Tribunal properly exercised its discretion in dismissing the set aside application. The appeal was lodged out of time, no adequate reason for delay was given, and there was no arguable case for a different outcome. Extension of time and leave to appeal were refused; the appeal was dismissed.

Parties
Appellant: Mohammad Omary; Appellant: Muzhgan Omary; Respondent: May Eid
Jurisdiction
Australia
Judgment Date
30 June 2023
Procedural Posture
Internal Appeal / Appeal Determination
Outcome
appeal dismissed
Legal Topics
Extension of Time, Leave to Appeal, Set Aside Application, Rent Arrears, Condition Reports
Residential Tenancies Tribunal Procedure Extension of Time Leave to Appeal Set Aside Application Rent Arrears Condition Reports

Case Brief

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Parties

Mohammad Omary

Appellant

Muzhgan Omary

Appellant

May Eid

Respondent

Procedural Posture

Internal Appeal / Appeal Determination

Legal Issues

  1. 1 Whether the Tribunal erred in dismissing the set aside application.
  2. 2 Whether an extension of time should be granted to lodge the appeal.
  3. 3 Whether leave to appeal should be granted.

Ratio Decidendi

The Appeal Panel found that appellants did not provide evidence to support their claims that rent arrears and damage amounts were incorrect, or that they were not responsible. The Tribunal properly exercised its discretion in dismissing the set aside application. The appeal was lodged out of time, no adequate reason for delay was given, and there was no arguable case for a different outcome. Extension of time and leave to appeal were refused; the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • The name of the appellants is amended to Mohammad Omary and Muzhgan Omary.
  • An extension of time to lodge the appeal is refused.