Jordan v Tsang [2019] NSWCATAP 128

Jordan v Tsang [2019] NSWCATAP 128

The Appeal Panel found no error of law, no actual or apprehended bias, and determined the Tribunal's factual findings and assessment of damages were open on the evidence. The appellants were not deprived of procedural fairness, nor was the decision against the weight of evidence or not fair and equitable. Leave to appeal was refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
22 May 2019
Procedural Posture
Internal Appeal (residential Tenancy) / Appeal Leave to Appeal and Merits
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
['procedural Fairness' 'bias' 'fair and Equitable' 'against the Weight of Evidence' 'damages Assessment' 'appeals Procedure']
['residential Tenancy Law'] ['procedural Fairness' 'bias' 'fair and Equitable' 'against the Weight of Evidence' 'damages Assessment' 'appeals Procedure']

Case Brief

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Procedural Posture

Internal Appeal (residential Tenancy) / Appeal Leave to Appeal and Merits

Legal Issues

  1. 1 ['Whether there was procedural fairness and absence of bias in the initial Tribunal hearing' 'Whether the Tribunal erred in assessing property condition and depreciation' "Whether the Tribunal erred in awarding damages based on the landlord's renovation plans" 'Whether findings of fact were unsupported by evidence' 'Whether leave to appeal should be granted on the basis that the decision was against the weight of evidence or not fair and equitable']

Ratio Decidendi

The Appeal Panel found no error of law, no actual or apprehended bias, and determined the Tribunal's factual findings and assessment of damages were open on the evidence. The appellants were not deprived of procedural fairness, nor was the decision against the weight of evidence or not fair and equitable. Leave to appeal was refused and the appeal dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

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