Cousins v Rennie [2021] NSWCATAP 414

Cousins v Rennie [2021] NSWCATAP 414

Leave to appeal was refused and the appeal dismissed because, even considering the new evidence, the Member's conclusion was reasonably open on the evidence: the appellant did not discharge the onus of proving that the respondents caused the staining to the living room floor, and the appellant had not shown a substantial miscarriage of justice warranting leave to appeal.

Jurisdiction
Australia
Judgment Date
21 December 2021
Procedural Posture
Internal Appeal From a Consumer and Commercial Division Residential Tenancy Decision / Appeal Panel Decision on Extension of Time, Leave to Appeal and Appeal
Outcome
Leave granted to appeal out of time; leave to appeal refused; appeal dismissed.
Legal Topics
['internal Appeal' 'leave to Appeal' 'extension of Time' 'rental Bond' 'residential Tenancy Compensation' 'onus of Proof' 'fresh or New Evidence']
['civil Procedure' 'residential Tenancies' 'administrative Law'] ['internal Appeal' 'leave to Appeal' 'extension of Time' 'rental Bond' 'residential Tenancy Compensation' 'onus of Proof' 'fresh or New Evidence']

Case Brief

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Procedural Posture

Internal Appeal From a Consumer and Commercial Division Residential Tenancy Decision / Appeal Panel Decision on Extension of Time, Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to appeal out of time.' 'Whether the appellant should be permitted to rely on new evidence from a builder who inspected the premises after the first instance hearing.' 'Whether leave to appeal should be granted from the Consumer and Commercial Division decision ordering payment of the rental bond to the respondents and declining compensation to the appellant.' 'Whether the appellant discharged the onus of proving that the respondents caused staining or damage to the living room floor.']

Ratio Decidendi

Leave to appeal was refused and the appeal dismissed because, even considering the new evidence, the Member's conclusion was reasonably open on the evidence: the appellant did not discharge the onus of proving that the respondents caused the staining to the living room floor, and the appellant had not shown a substantial miscarriage of justice warranting leave to appeal.

Court Disposition

Leave granted to appeal out of time; leave to appeal refused; appeal dismissed.

Orders

  • ['Leave granted to the appellant to appeal out of time.' 'Leave to appeal is refused.' 'The appeal is dismissed.']