Kalice v Borck & Ors [2017] NSWCATAP 46

Kalice v Borck & Ors [2017] NSWCATAP 46

The landlord failed to establish he was denied procedural fairness as he was duly notified of the hearing and failed to appear on time by his own dilatory conduct, not by reasons outside his control. The Tribunal Member was entitled to hear and decide the matter in his absence. Further, the landlord did not demonstrate he may have suffered substantial miscarriage of justice or a fair possibility of a different outcome, and thus leave to appeal is refused and the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
28 February 2017
Procedural Posture
Internal Appeal / Leave to Appeal Stage and Final Decision on Appeal
Outcome
Leave to appeal is refused and the appeal is dismissed.
Legal Topics
['procedural Fairness' 'non Appearance of Party' 'rental Bonds' 'appeals in Tribunals']
['residential Tenancies' 'administrative Law'] ['procedural Fairness' 'non Appearance of Party' 'rental Bonds' 'appeals in Tribunals']

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Procedural Posture

Internal Appeal / Leave to Appeal Stage and Final Decision on Appeal

Legal Issues

  1. 1 ['Whether the landlord was denied procedural fairness by not having a reasonable opportunity to be heard prior to order for return of bond' 'Whether substantial miscarriage of justice occurred justifying leave to appeal on issues other than law']

Ratio Decidendi

The landlord failed to establish he was denied procedural fairness as he was duly notified of the hearing and failed to appear on time by his own dilatory conduct, not by reasons outside his control. The Tribunal Member was entitled to hear and decide the matter in his absence. Further, the landlord did not demonstrate he may have suffered substantial miscarriage of justice or a fair possibility of a different outcome, and thus leave to appeal is refused and the appeal is dismissed.

Court Disposition

Leave to appeal is refused and the appeal is dismissed.

Orders

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