Wootten v Godfrey [2019] NSWCATAP 255

Wootten v Godfrey [2019] NSWCATAP 255

The appeal failed because the transcript did not establish actual bias, and the Tribunal Member's comments and conduct, viewed individually and cumulatively in the statutory and factual context, did not give rise to a reasonable apprehension of bias. The Tribunal had given Mr Wootten a reasonable opportunity to be heard, and imposing a time limit was permissible and unremarkable. Leave to appeal was refused because the evidence did not weigh so strongly against the Tribunal's dismissal of all claims except outstanding rent that no reasonable Tribunal member could have reached that conclusion, and the fairness argument added nothing further.

Jurisdiction
Australia
Judgment Date
15 October 2019
Procedural Posture
Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division Decision Concerning Residential Tenancy Compensation Claims / Appeal Panel; Leave to Appeal Sought and Appeal as of Right on Questions of Law
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['procedural Fairness' 'actual Bias' 'apprehended Bias' 'hearing Rule' 'ncat Appeals' 'leave to Appeal' 'weight of Evidence']
['administrative Law' 'residential Tenancies' 'civil Procedure'] ['procedural Fairness' 'actual Bias' 'apprehended Bias' 'hearing Rule' 'ncat Appeals' 'leave to Appeal' 'weight of Evidence']

Case Brief

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Procedural Posture

Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division Decision Concerning Residential Tenancy Compensation Claims / Appeal Panel; Leave to Appeal Sought and Appeal as of Right on Questions of Law

Legal Issues

  1. 1 ["Whether the Tribunal Member's conduct gave rise to a reasonable apprehension of bias." 'Whether the Tribunal Member was actually biased against Mr Wootten.' 'Whether Mr Wootten was denied a reasonable opportunity to present his case.' 'Whether leave to appeal should be granted because the decision was not fair and equitable or was against the weight of evidence.']

Ratio Decidendi

The appeal failed because the transcript did not establish actual bias, and the Tribunal Member's comments and conduct, viewed individually and cumulatively in the statutory and factual context, did not give rise to a reasonable apprehension of bias. The Tribunal had given Mr Wootten a reasonable opportunity to be heard, and imposing a time limit was permissible and unremarkable. Leave to appeal was refused because the evidence did not weigh so strongly against the Tribunal's dismissal of all claims except outstanding rent that no reasonable Tribunal member could have reached that conclusion, and the fairness argument added nothing further.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

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