Jennings v Petrucci [2014] NSWCATAP 31

Jennings v Petrucci [2014] NSWCATAP 31

The Appeal Panel was not satisfied that the appellant may have suffered a substantial miscarriage of justice as required by the legislation. The evidence showed persistent failure to pay rent, financial hardship to the respondent, execution of the warrant for possession, and no substantial new evidence was provided by the appellant. Therefore, leave to appeal was refused and the appeal dismissed.

Parties
Appellant: Robert Jennings; Respondent: Paul Petrucci
Jurisdiction
Australia
Judgment Date
02 July 2014
Procedural Posture
Application for Leave to Appeal / Decision on Leave to Appeal
Outcome
Application for leave to appeal refused. Appeal dismissed.
Legal Topics
Appeal, Leave to Appeal, Residential Tenancy, Substantial Miscarriage of Justice
Administrative Law Tenancy Appeal Leave to Appeal Residential Tenancy Substantial Miscarriage of Justice

Case Brief

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Parties

Robert Jennings

Appellant

Paul Petrucci

Respondent

Procedural Posture

Application for Leave to Appeal / Decision on Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against Tribunal orders terminating tenancy and ordering possession and unpaid rent
  2. 2 Whether a substantial miscarriage of justice occurred

Ratio Decidendi

The Appeal Panel was not satisfied that the appellant may have suffered a substantial miscarriage of justice as required by the legislation. The evidence showed persistent failure to pay rent, financial hardship to the respondent, execution of the warrant for possession, and no substantial new evidence was provided by the appellant. Therefore, leave to appeal was refused and the appeal dismissed.

Court Disposition

Application for leave to appeal refused. Appeal dismissed.

Orders

  • The application for leave to appeal is refused.
  • The appeal is dismissed.