McGann v St George Community Housing [2021] NSWCATAP 43

McGann v St George Community Housing [2021] NSWCATAP 43

Leave to appeal was refused and the appeal dismissed because the appellants did not establish a material error of law or any factual error warranting leave. Although the Tribunal erred in relation to the water charges claim by not considering whether relief under s 187(1)(h) of the Residential Tenancies Act 2010 (NSW) arose, that error was not material because no breach of s 139(1) or the Ministerial guidelines was established. The remaining claims failed because the appellants had not proved the relevant breaches, relied on evidence not shown to be unavailable at the original hearing, or sought to raise new claims or points on appeal that the Appeal Panel would not entertain.

Jurisdiction
Australia
Judgment Date
25 February 2021
Procedural Posture
Residential Tenancy Social Housing Appeal / Appeal Panel Internal Appeal From Dismissal of Claims in the Consumer and Commercial Division
Outcome
To the extent leave is required, leave to appeal is refused; the appeal is dismissed.
Legal Topics
['compensation and Reduced Rent Claims' 'repairs' 'water Usage Charges' 'quiet Enjoyment and Antisocial Behaviour' 'new Evidence on Appeal' 'new Points on Appeal' 'leave to Appeal']
['landlord and Tenant' 'residential Tenancies' 'social Housing' 'administrative Appeals'] ['compensation and Reduced Rent Claims' 'repairs' 'water Usage Charges' 'quiet Enjoyment and Antisocial Behaviour' 'new Evidence on Appeal' 'new Points on Appeal' 'leave to Appeal']

Case Brief

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Procedural Posture

Residential Tenancy Social Housing Appeal / Appeal Panel Internal Appeal From Dismissal of Claims in the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether leave to appeal should be granted under cl 12 of Schedule 4 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the Tribunal made an error of law or fact in dismissing the electricity charges claim for lack of proof of defective wiring.' 'Whether the Tribunal erred in its treatment of the water charges claim and its power to grant relief.' 'Whether new evidence and new claims about antisocial behaviour, rainwater pumps, mould, solar panels and building code issues could be raised on appeal.' 'Whether any appealable error was established in relation to the sewage gas, solar panels and building code claims.']

Ratio Decidendi

Leave to appeal was refused and the appeal dismissed because the appellants did not establish a material error of law or any factual error warranting leave. Although the Tribunal erred in relation to the water charges claim by not considering whether relief under s 187(1)(h) of the Residential Tenancies Act 2010 (NSW) arose, that error was not material because no breach of s 139(1) or the Ministerial guidelines was established. The remaining claims failed because the appellants had not proved the relevant breaches, relied on evidence not shown to be unavailable at the original hearing, or sought to raise new claims or points on appeal that the Appeal Panel would not entertain.

Court Disposition

To the extent leave is required, leave to appeal is refused; the appeal is dismissed.

Orders

  • ['To the extent leave is required, leave to appeal is refused.' 'The appeal is dismissed.']