Balachandren v Wu [2015] NSWCATAP 1

Balachandren v Wu [2015] NSWCATAP 1

No substantial miscarriage of justice was shown; the Tribunal's decision to terminate the tenancy for rental arrears was based on the evidence. No issue of principle, injustice or error justifying leave to appeal was discerned. Leave to appeal is refused and appeal dismissed.

Parties
Appellant: Rajayogan Balachandren; Respondent: Ray Wu
Jurisdiction
Australia
Judgment Date
14 January 2015
Procedural Posture
Internal Appeal / Appeal Panel Determination
Outcome
Leave to appeal refused; appeal dismissed; stay lifted
Legal Topics
Appeal, Leave to Appeal, Termination of Tenancy, Rent Arrears
Residential Tenancy Appeal Leave to Appeal Termination of Tenancy Rent Arrears

Case Brief

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Parties

Rajayogan Balachandren

Appellant

Ray Wu

Respondent

Procedural Posture

Internal Appeal / Appeal Panel Determination

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether substantial miscarriage of justice occurred
  3. 3 Whether Tribunal decision should be set aside

Ratio Decidendi

No substantial miscarriage of justice was shown; the Tribunal's decision to terminate the tenancy for rental arrears was based on the evidence. No issue of principle, injustice or error justifying leave to appeal was discerned. Leave to appeal is refused and appeal dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed; stay lifted

Orders

  • Extension of time to commence appeal granted
  • Leave to appeal refused