Qiu v Capoulade [2022] NSWCATAP 381

Qiu v Capoulade [2022] NSWCATAP 381

The appellant failed to establish that any findings of the tribunal were against the weight of evidence, unfair or inequitable, or that any error of law or fact warranting leave to appeal or the exercise of the tribunal's discretion under cl 12 of Sch 4 to the CAT Act was made out. Leave to appeal is refused; the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Appeal / Determination of Application for Leave to Appeal and Disposition of Appeal
Outcome
appeal dismissed; leave to appeal refused
Legal Topics
['compensation for Repairs' 'rent Reduction' 'quiet Enjoyment' 'termination Notice' 'appeal—leave Requirements' 'miscarriage of Justice']
['residential Tenancy' 'civil'] ['compensation for Repairs' 'rent Reduction' 'quiet Enjoyment' 'termination Notice' 'appeal—leave Requirements' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Appeal / Determination of Application for Leave to Appeal and Disposition of Appeal

Legal Issues

  1. 1 ['Whether tribunal erred in finding landlord failed to repair roof leak' 'Whether tribunal erred in not finding tenants conducted illegal business from premises' 'Whether tribunal erred in dismissing claim for compensation for damage to wall' 'Whether tribunal erred regarding rent outstanding and calculation of rent reduction' 'Whether errors of fact or law shown to warrant leave to appeal']

Ratio Decidendi

The appellant failed to establish that any findings of the tribunal were against the weight of evidence, unfair or inequitable, or that any error of law or fact warranting leave to appeal or the exercise of the tribunal's discretion under cl 12 of Sch 4 to the CAT Act was made out. Leave to appeal is refused; the appeal is dismissed.

Court Disposition

appeal dismissed; leave to appeal refused

Orders

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