Jeremiasse v Shaw [2021] NSWCATAP 394

Jeremiasse v Shaw [2021] NSWCATAP 394

The Tribunal at first instance erred in law by failing to provide adequate reasons, failing to demonstrate its consideration of key evidence and tenancy agreement terms, and potentially denying procedural fairness by restricting the landlord's oral evidence. These errors necessitate that the primary order be set aside and the matter be remitted for rehearing before a differently constituted Tribunal.

Jurisdiction
Australia
Judgment Date
06 December 2021
Procedural Posture
Internal Appeal / Appeal Decision
Outcome
appeal allowed; primary order set aside; matter remitted for rehearing
Legal Topics
['procedural Fairness' 'adequacy of Reasons' 'relevant and Irrelevant Considerations' 'error of Law' 'weight of Evidence' 'error of Fact']
['residential Tenancy' 'administrative Law'] ['procedural Fairness' 'adequacy of Reasons' 'relevant and Irrelevant Considerations' 'error of Law' 'weight of Evidence' 'error of Fact']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Internal Appeal / Appeal Decision

Legal Issues

  1. 1 ['Whether the Tribunal at first instance failed to provide adequate reasons' 'Whether relevant considerations were taken into account, especially condition reports, photographs, and tenancy agreement clauses' 'Whether procedural fairness was denied by refusing oral evidence' 'Whether errors of fact or law resulted in miscarriage of justice']

Ratio Decidendi

The Tribunal at first instance erred in law by failing to provide adequate reasons, failing to demonstrate its consideration of key evidence and tenancy agreement terms, and potentially denying procedural fairness by restricting the landlord's oral evidence. These errors necessitate that the primary order be set aside and the matter be remitted for rehearing before a differently constituted Tribunal.

Court Disposition

appeal allowed; primary order set aside; matter remitted for rehearing

Orders

  • ['Time for filing of notice of appeal is extended from 24 to and including 25 August 2021.' 'Leave to appeal is granted, to the extent that leave is required.' 'The appeal is allowed.' 'Set aside order 1 made by the Tribunal on 10 August 2020.' 'Remit the matter to the Consumer and Commercial Division for re-hearing...