Staver v Pham [2016] NSWCATAP 77

Staver v Pham [2016] NSWCATAP 77

The appellant did not satisfy the Appeal Panel that there was an agreement to transfer the bond money to rent or that the Tribunal’s calculation of rent owing was incorrect. The order for rent payment and termination was supported by evidence before the Tribunal.

Parties
Appellant: Natalia Staver; Respondent: Adrian Pham
Jurisdiction
Australia
Judgment Date
08 April 2016
Procedural Posture
Residential Tenancy Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Termination Order, Arrears of Rent, Bond Payment as Rent
Residential Tenancies Termination Order Arrears of Rent Bond Payment as Rent

Case Brief

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Parties

Natalia Staver

Appellant

Adrian Pham

Respondent

Procedural Posture

Residential Tenancy Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the order for payment of $8,134.29 as rent arrears was correct
  2. 2 Whether there was an agreement that the bond money would be transferred to rent payable
  3. 3 Whether the Tribunal Member correctly calculated rent arrears

Ratio Decidendi

The appellant did not satisfy the Appeal Panel that there was an agreement to transfer the bond money to rent or that the Tribunal’s calculation of rent owing was incorrect. The order for rent payment and termination was supported by evidence before the Tribunal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed