Wall v Barham [2017] NSWCATAP 61

Wall v Barham [2017] NSWCATAP 61

The appellant failed to establish denial of procedural fairness, failure to hear or consider her claims, inadequacy of reasons, or any error regarding rent arrears or water usage findings. Directions and timetable accorded procedural fairness, evidence was considered and findings open to the Tribunal. No significant new evidence arose. Grounds for leave not established.

Jurisdiction
Australia
Judgment Date
22 March 2017
Procedural Posture
Appeal / Leave to Appeal and Merits Decision
Outcome
Leave to appeal is refused. Appeal is dismissed.
Legal Topics
['procedural Fairness' 'rental Arrears' 'water Charges' 'adequacy of Reasons' 'appeal Leave Requirements']
['administrative Law' 'tenancy Law'] ['procedural Fairness' 'rental Arrears' 'water Charges' 'adequacy of Reasons' 'appeal Leave Requirements']

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Procedural Posture

Appeal / Leave to Appeal and Merits Decision

Legal Issues

  1. 1 ['Whether refusal to give appellant an extension of time to prepare documents constitutes a denial of procedural fairness' 'Whether Tribunal refused to hear the appellant on her applications' 'Whether Tribunal gave adequate reasons for dismissal of claims' 'Whether findings on rent arrears and water charges were against the weight of evidence or not fair and equitable' 'Whether significant new evidence had arisen for the purposes of appeal']

Ratio Decidendi

The appellant failed to establish denial of procedural fairness, failure to hear or consider her claims, inadequacy of reasons, or any error regarding rent arrears or water usage findings. Directions and timetable accorded procedural fairness, evidence was considered and findings open to the Tribunal. No significant new evidence arose. Grounds for leave not established.

Court Disposition

Leave to appeal is refused. Appeal is dismissed.

Orders

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