Boys v Miskell [2016] NSWCATAP 208

Boys v Miskell [2016] NSWCATAP 208

The landlord failed to establish grounds for leave to appeal or any error warranting appellate intervention. Claim 1 was brought about 79 months after the landlord became aware of the arrears when the prescribed time was 1 month; the delay, lack of adequate explanation, absence of a fairly arguable case, and prejudice to the tenants justified refusal of an extension of time. For both claim 1 and claim 2, the landlord's rent records and evidence were inadequate to prove the rent lawfully payable, the payments made, or any current arrears, particularly given unproved rent increase notices and inconsistent ledger entries. The appellant did not establish that the decision was not fair and...

Jurisdiction
Australia
Judgment Date
15 June 2016
Procedural Posture
Residential Tenancy Internal Appeal / Appeal Panel Application for Leave to Appeal and Appeal From Dismissal of Landlord's Application for Payment of Alleged Unpaid Rent
Outcome
The appeal and the application for leave to appeal were refused and dismissed; the respondents' application for costs was refused.
Legal Topics
['rent Arrears' 'extension of Time' 'leave to Appeal' 'rent Increase Notices' 'adequacy of Rent Records' 'costs']
['residential Tenancy' 'civil and Administrative Tribunal Procedure'] ['rent Arrears' 'extension of Time' 'leave to Appeal' 'rent Increase Notices' 'adequacy of Rent Records' 'costs']

Case Brief

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Procedural Posture

Residential Tenancy Internal Appeal / Appeal Panel Application for Leave to Appeal and Appeal From Dismissal of Landlord's Application for Payment of Alleged Unpaid Rent

Legal Issues

  1. 1 ["Whether time should be extended for the landlord's claim for arrears discovered in May 2009." 'Whether the landlord established a fairly arguable case for alleged rent arrears and unpaid rent on vacating.' 'Whether leave to appeal should be granted under Schedule 4 clause 12(1) of the Civil and Administrative Tribunal Act 2013.' "Whether the Tribunal's findings about rent ledgers, rent increases and arrears were erroneous." 'Whether the respondents should receive costs of the appeal.']

Ratio Decidendi

The landlord failed to establish grounds for leave to appeal or any error warranting appellate intervention. Claim 1 was brought about 79 months after the landlord became aware of the arrears when the prescribed time was 1 month; the delay, lack of adequate explanation, absence of a fairly arguable case, and prejudice to the tenants justified refusal of an extension of time. For both claim 1 and claim 2, the landlord's rent records and evidence were inadequate to prove the rent lawfully payable, the payments made, or any current arrears, particularly given unproved rent increase notices and inconsistent ledger entries. The appellant did not establish that the decision was not fair and...

Court Disposition

The appeal and the application for leave to appeal were refused and dismissed; the respondents' application for costs was refused.

Orders

  • ['The application for leave to appeal and the appeal are dismissed.' "The Respondents' application for costs is refused."]