Basha v Rathsam [2016] NSWCATAP 35

Basha v Rathsam [2016] NSWCATAP 35

The applicant failed to establish any right to leave to appeal, as there was no evidence that the Tribunal's decision was not fair and equitable or against the weight of evidence; in particular, no agreed payment plan was established, nor any retaliatory motive in the notice, as required under section 115 of the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 February 2016
Procedural Posture
Internal Appeal / Leave to Appeal and Merits of Internal Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['leave to Appeal' 'retaliatory Evictions' 'internal Appeals' 'termination Notice']
['administrative Law' 'residential Tenancies'] ['leave to Appeal' 'retaliatory Evictions' 'internal Appeals' 'termination Notice']

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Procedural Posture

Internal Appeal / Leave to Appeal and Merits of Internal Appeal

Legal Issues

  1. 1 ['Whether the decision of the Tribunal was not fair and equitable under clause 12 of Schedule 4 of the Civil and Administrative Tribunal Act 2013 (NSW)' 'Whether the decision of the Tribunal was against the weight of evidence' 'Whether the termination notice was given as a retaliatory notice under section 115 of the Residential Tenancies Act 2010 (NSW)']

Ratio Decidendi

The applicant failed to establish any right to leave to appeal, as there was no evidence that the Tribunal's decision was not fair and equitable or against the weight of evidence; in particular, no agreed payment plan was established, nor any retaliatory motive in the notice, as required under section 115 of the Residential Tenancies Act 2010 (NSW).

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.']