MacDonald v Post [2020] NSWCATAP 261

MacDonald v Post [2020] NSWCATAP 261

The appeal was dismissed because the appellant identified no error involving a question of law, no such error or other error was apparent, no denial of procedural fairness or decision against the weight of evidence was demonstrated, the proposed new evidence was not shown to have been unavailable at the original hearing, and no House v R error was shown in the Tribunal's discretionary extension of time.

Jurisdiction
Australia
Judgment Date
10 December 2020
Procedural Posture
Residential Tenancy Internal Appeal / Appeal From Decisions of the Consumer and Commercial Division of the Civil and Administrative Tribunal
Outcome
The appeal is dismissed. To the extent necessary, leave to appeal on grounds other than a question of law is refused.
Legal Topics
['reasonably Clean and Fit to Live In' 'quiet Enjoyment' 'mould and Water Ingress' 'leave to Appeal' 'question of Law' 'substantial Miscarriage of Justice']
['landlord and Tenant' 'residential Tenancies' 'administrative Appeals'] ['reasonably Clean and Fit to Live In' 'quiet Enjoyment' 'mould and Water Ingress' 'leave to Appeal' 'question of Law' 'substantial Miscarriage of Justice']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Residential Tenancy Internal Appeal / Appeal From Decisions of the Consumer and Commercial Division of the Civil and Administrative Tribunal

Legal Issues

  1. 1 ["Whether the appellant identified an error involving a question of law in the Tribunal's decision." 'Whether leave should be granted to appeal on grounds other than a question of law.' 'Whether the appellant may have suffered a substantial miscarriage of justice because the decision was not fair and equitable or was against the weight of evidence.' 'Whether new evidence relied on by the appellant was shown not to have been reasonably available at the time of the Tribunal hearing.' 'Whether the Tribunal erred in extending time for the respondents to commence proceedings.']

Ratio Decidendi

The appeal was dismissed because the appellant identified no error involving a question of law, no such error or other error was apparent, no denial of procedural fairness or decision against the weight of evidence was demonstrated, the proposed new evidence was not shown to have been unavailable at the original hearing, and no House v R error was shown in the Tribunal's discretionary extension of time.

Court Disposition

The appeal is dismissed. To the extent necessary, leave to appeal on grounds other than a question of law is refused.

Orders

  • ['The appeal is dismissed.' 'To the extent necessary, we refuse leave to appeal on grounds other than a question of law.']