Zhu v Cistulli [2021] NSWCATAP 322
The appellant occupied the premises under an oral agreement to pay rent; it was open to the Tribunal to find a contractual relationship existed between Mr Zhu and the landlords sufficient to support the monetary orders. No error of law or denial of procedural fairness was established, and leave to appeal was not justified.
- Parties
- Appellant: Mr William Zhu; Respondent: J Cistulli; Respondent: C Cassia
- Jurisdiction
- Australia
- Judgment Date
- 09 November 2021
- Procedural Posture
- Appeal / Determination of Application for Leave to Appeal and Merits
- Outcome
- Appeal dismissed; leave to appeal refused.
- Legal Topics
- Miscarriage of Justice, Procedural Fairness, Oral Agreement, Payment of Rent, Residential Tenancies Act 2010
Case Brief
Summary, issues, holding and outcome
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Parties
Mr William Zhu
Appellant
J Cistulli
Respondent
C Cassia
Respondent
Procedural Posture
Appeal / Determination of Application for Leave to Appeal and Merits
Legal Issues
- 1 Whether the Tribunal erred in naming Mr Zhu as a party to the proceedings
- 2 Whether there was a denial of procedural fairness
- 3 Whether leave should be granted to adduce fresh evidence
Ratio Decidendi
The appellant occupied the premises under an oral agreement to pay rent; it was open to the Tribunal to find a contractual relationship existed between Mr Zhu and the landlords sufficient to support the monetary orders. No error of law or denial of procedural fairness was established, and leave to appeal was not justified.
Court Disposition
Appeal dismissed; leave to appeal refused.
Orders
- Leave to appeal is refused.
- The appeal is dismissed.
Full Case Text
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