Mahmood v Luu [2021] NSWCATAP 390

Mahmood v Luu [2021] NSWCATAP 390

The appeal must be dismissed because the appellant failed to provide necessary materials (sound recording or transcript) from the hearing below, as directed, making it impossible for the Appeal Panel to determine if the asserted grounds were put to and determined by the Tribunal.

Parties
Appellant: Mushtaq Mahmood; Respondent: Jane Luu
Jurisdiction
Australia
Judgment Date
02 December 2021
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed; time to appeal extended
Legal Topics
Procedural Fairness, Rent Reduction Application, Failure to Provide Case Materials, Extension of Time
Administrative Law Tenancy Procedural Fairness Rent Reduction Application Failure to Provide Case Materials Extension of Time

Case Brief

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Parties

Mushtaq Mahmood

Appellant

Jane Luu

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal failed to consider the case put by the appellant
  2. 2 Whether the appeal should be dismissed for failure to provide necessary materials

Ratio Decidendi

The appeal must be dismissed because the appellant failed to provide necessary materials (sound recording or transcript) from the hearing below, as directed, making it impossible for the Appeal Panel to determine if the asserted grounds were put to and determined by the Tribunal.

Court Disposition

Appeal dismissed; time to appeal extended

Orders

  • Time to appeal is extended up to and including 14 September 2021.
  • The appeal is dismissed.