Lewis and Smyth v Rejko Pty Ltd [2021] NSWCATAP 186

Lewis and Smyth v Rejko Pty Ltd [2021] NSWCATAP 186

The Tribunal did not err in law in finding that the variation to rent was conditional upon the co-tenants paying the reduced amount on time, and the evidence justified the finding that full rent was owed as the condition was not met. There was no denial of procedural fairness or miscarriage of justice warranting leave to appeal.

Parties
First Appellant: Brad Lewis; Second Appellant: Alan Smyth; Respondent: Rejko Pty Ltd
Jurisdiction
Australia
Judgment Date
24 June 2021
Procedural Posture
Residential Tenancy Appeal / Appeal Determination of Application for Leave to Appeal
Outcome
Appeal dismissed; leave to appeal refused
Legal Topics
Variation of Contract, Rent Reduction, COVID 19 Pandemic, Appeals, Procedural Fairness
Residential Tenancies Contract Law Variation of Contract Rent Reduction COVID 19 Pandemic Appeals Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 27 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Brad Lewis

First Appellant

Alan Smyth

Second Appellant

Rejko Pty Ltd

Respondent

Procedural Posture

Residential Tenancy Appeal / Appeal Determination of Application for Leave to Appeal

Legal Issues

  1. 1 Whether the Tribunal erred in finding that rent arrears were calculated at full agreement rate rather than a reduced rate for a certain period
  2. 2 Whether there was a mutual agreement to vary the terms of the residential tenancy agreement concerning rent
  3. 3 Whether denial of procedural fairness occurred due to unaddressed evidence or Member's interpretation

Ratio Decidendi

The Tribunal did not err in law in finding that the variation to rent was conditional upon the co-tenants paying the reduced amount on time, and the evidence justified the finding that full rent was owed as the condition was not met. There was no denial of procedural fairness or miscarriage of justice warranting leave to appeal.

Court Disposition

Appeal dismissed; leave to appeal refused

Orders

  • Leave to appeal is refused.
  • The appeal is dismissed.