O’Kane v Georgiou [2021] NSWCATAP 250

O’Kane v Georgiou [2021] NSWCATAP 250

The Tribunal did not deny the appellants procedural fairness; although there was a ledger error and a minor factual mistake regarding amount in arrears, these were not material to the central finding that the appellants had breached the tenancy obligation to pay rent in advance on several occasions. The decision to terminate the tenancy was open to the Tribunal. The only error requiring correction was in the quantification of arrears, and accordingly, the order for payment of $450 is set aside. No other grounds for appeal are made out.

Jurisdiction
Australia
Judgment Date
27 August 2021
Procedural Posture
Internal Appeal / Decision on Appeal
Outcome
appeal dismissed except for setting aside order for $450 rent arrears
Legal Topics
['termination of Tenancy' 'arrears of Rent' 'procedural Fairness' 'materiality of Procedural Unfairness' 'errors in Ledger']
['residential Tenancies' 'administrative Law'] ['termination of Tenancy' 'arrears of Rent' 'procedural Fairness' 'materiality of Procedural Unfairness' 'errors in Ledger']

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Procedural Posture

Internal Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether the Tribunal failed to afford procedural fairness by not providing adequate opportunity to address an updated rental ledger tendered during the hearing' 'Whether the Tribunal erred in finding that the appellants were in arrears and had frequently failed to pay rent' "Whether the Tribunal made findings without evidence regarding respondents' financial obligations" 'Whether any error led to a miscarriage of justice or material unfairness warranting appeal intervention']

Ratio Decidendi

The Tribunal did not deny the appellants procedural fairness; although there was a ledger error and a minor factual mistake regarding amount in arrears, these were not material to the central finding that the appellants had breached the tenancy obligation to pay rent in advance on several occasions. The decision to terminate the tenancy was open to the Tribunal. The only error requiring correction was in the quantification of arrears, and accordingly, the order for payment of $450 is set aside. No other grounds for appeal are made out.

Court Disposition

appeal dismissed except for setting aside order for $450 rent arrears

Orders

  • ['Appeal dismissed except to the extent of the order that follows:' 'Order 7 made on 27th May 2021 in RT21/05885 is set aside and the Respondents are given leave to claim arrears of rent in conjunction with making a claim under order 6.' 'The order staying the operation of the possession order is lifted.']