Kamalesvaran v Ng [2024] NSWCATAP 163

Kamalesvaran v Ng [2024] NSWCATAP 163

The evidence established that the termination notice was issued to facilitate renovation of the premises, not for a retaliatory purpose. Procedural fairness was not denied as Mr Kamalesvaran had opportunity to present relevant evidence, and the Tribunal properly considered and found no basis for the claims made. No substantial miscarriage of justice was shown. Appeal grounds were not made out.

Jurisdiction
Australia
Judgment Date
22 August 2024
Procedural Posture
Internal Appeal / Final Decision
Outcome
leave to appeal refused, appeal dismissed
Legal Topics
['retaliatory Eviction' 'procedural Fairness' 'rent Reduction' 'repairs']
['tenancy' 'consumer and Commercial'] ['retaliatory Eviction' 'procedural Fairness' 'rent Reduction' 'repairs']

Case Brief

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Procedural Posture

Internal Appeal / Final Decision

Legal Issues

  1. 1 ['Whether termination notice was retaliatory under s 115 of the Residential Tenancies Act 2010' 'Whether there was a denial of procedural fairness' 'Whether Tribunal failed to take into account relevant considerations' 'Whether rent reduction claim was valid']

Ratio Decidendi

The evidence established that the termination notice was issued to facilitate renovation of the premises, not for a retaliatory purpose. Procedural fairness was not denied as Mr Kamalesvaran had opportunity to present relevant evidence, and the Tribunal properly considered and found no basis for the claims made. No substantial miscarriage of justice was shown. Appeal grounds were not made out.

Court Disposition

leave to appeal refused, appeal dismissed

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.' 'The stay order made on 9 July 2024 in matter 2024/00154894 is lifted.' 'Possession of the premises is to be given to the landlords 21 days from the date of publication of the orders in this appeal.']