Saqa v Kashro [2020] NSWCATAP 58

Procedural Posture

Residential Tenancy Appeal / Application for Leave to Appeal and Appeal From a Consumer and Commercial Division Decision

Legal Issues

1. 1 ['Whether leave to appeal should be granted on the basis that the appellants may have suffered a substantial miscarriage of justice because the decision was against the weight of evidence.' 'Whether the Tribunal erred in finding that the tenants owed $2,325 in rent arrears.' "Whether the Tribunal erred in accepting the landlord's evidence about the condition of the premises and the date of outgoing inspection photographs." 'Whether the stay ordered on 19 December 2019 should continue.' 'Whether costs should be determined on the papers.']

Ratio Decidendi

The appellants did not show that the evidence in its totality preponderated so strongly against the Tribunal's conclusions on rent arrears or the condition of the premises that those conclusions were not reasonably open. The Appeal Panel was not satisfied that the appellants may have suffered a substantial miscarriage of justice because the decision was against the weight of the evidence, so leave to appeal could not be granted and the appeal was dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed; stay set aside; any costs application to be determined on the papers.

Orders

• ['Leave to appeal is refused.' 'The appeal is dismissed.' 'The stay ordered on 19 December 2019 is set aside.' 'The respondent may lodge in the Tribunal and give to the appellants any application for costs, supported by submissions, within seven days.' 'The appellants may provide submissions opposing any cost order...