Best v Aldous [2021] NSWCATAP 102

Best v Aldous [2021] NSWCATAP 102

The appellant established no error of law and no basis for leave. The tenant's compensation claim was out of time, the Tribunal afforded her a reasonable opportunity to explain the delay and did not err in refusing to extend time. The findings allowing the landlords' challenged claims for water usage, plumbing, damaged power point and broken blind tracks were open on the evidence, fair and equitable, and not against the weight of evidence. There was no real possibility or fair chance of a different result and no substantial miscarriage of justice.

Jurisdiction
Australia
Judgment Date
23 April 2021
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 NSW in a Residential Tenancy Matter / Appeal Panel, on the Papers, From a Consumer and Commercial Division Decision Dated 5 November 2020
Outcome
Leave to appeal refused and appeal dismissed.
Legal Topics
['rental Bond' 'tenant Compensation Claim' 'extension of Time' 'procedural Fairness' 'leave to Appeal' 'substantial Miscarriage of Justice' 'fair Wear and Tear']
['residential Tenancy' 'civil Procedure' 'administrative Law'] ['rental Bond' 'tenant Compensation Claim' 'extension of Time' 'procedural Fairness' 'leave to Appeal' 'substantial Miscarriage of Justice' 'fair Wear and Tear']

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 NSW in a Residential Tenancy Matter / Appeal Panel, on the Papers, From a Consumer and Commercial Division Decision Dated 5 November 2020

Legal Issues

  1. 1 ['Whether the appellant was denied procedural fairness by not being given a reasonable opportunity to present her compensation claim or obtain an adjournment.' "Whether the Tribunal erred in refusing to extend time for the tenant's compensation claim under s 41 of the Civil and Administrative Tribunal Act 2013 NSW." "Whether the Tribunal's orders allowing the landlords' claims for water usage, plumbing, a damaged power point and broken blind tracks were not fair and equitable or were against the weight of the evidence." 'Whether leave to appeal should be granted on grounds other than an error of law because the appellant may have suffered a substantial miscarriage of justice.']

Ratio Decidendi

The appellant established no error of law and no basis for leave. The tenant's compensation claim was out of time, the Tribunal afforded her a reasonable opportunity to explain the delay and did not err in refusing to extend time. The findings allowing the landlords' challenged claims for water usage, plumbing, damaged power point and broken blind tracks were open on the evidence, fair and equitable, and not against the weight of evidence. There was no real possibility or fair chance of a different result and no substantial miscarriage of justice.

Court Disposition

Leave to appeal refused and appeal dismissed.

Orders

  • ['Leave to appeal refused.' 'Appeal dismissed.']