Rizk v Stowers [2020] NSWCATAP 38

Rizk v Stowers [2020] NSWCATAP 38

The Tribunal's refusal to adjourn and refusal to allow the Landlord to rely on late evidence, influenced by misleading information provided by the Tenant about receipt of documents, deprived the Member of considering all relevant facts and resulted in a substantial miscarriage of justice; the appeal should be allowed and the matter remitted for reconsideration.

Parties
Applicant: Victoria Rizk; Applicant: Manal Rizk; Respondent: Sui Stowers; Respondent: Vaeluaga Pasi; Respondent: Peter Pasi; Respondent: Vennah Faatonu
Jurisdiction
Australia
Judgment Date
09 March 2020
Procedural Posture
Appeal / Determination of Internal Appeal by Appeal Panel
Outcome
Appeal upheld; orders of 14 November 2019 set aside; proceedings remitted for reconsideration.
Legal Topics
Appeals, Adjournment, Exercise of Tribunal Discretion, Evidence, Miscarriage of Justice
Residential Tenancies Civil Procedure Appeals Adjournment Exercise of Tribunal Discretion Evidence Miscarriage of Justice

Case Brief

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Parties

Victoria Rizk

Applicant

Manal Rizk

Applicant

Sui Stowers

Respondent

Vaeluaga Pasi

Respondent

Peter Pasi

Respondent

Vennah Faatonu

Respondent

Procedural Posture

Appeal / Determination of Internal Appeal by Appeal Panel

Legal Issues

  1. 1 Whether the Tribunal's refusal to adjourn and refusal to permit late evidence caused a substantial miscarriage of justice
  2. 2 Whether the Tribunal's decision was not fair and equitable under clause 12 of Schedule 4 of the Civil and Administrative Tribunal Act 2013 (NSW)

Ratio Decidendi

The Tribunal's refusal to adjourn and refusal to allow the Landlord to rely on late evidence, influenced by misleading information provided by the Tenant about receipt of documents, deprived the Member of considering all relevant facts and resulted in a substantial miscarriage of justice; the appeal should be allowed and the matter remitted for reconsideration.

Court Disposition

Appeal upheld; orders of 14 November 2019 set aside; proceedings remitted for reconsideration.

Orders

  • We grant leave to appeal
  • The appeal is upheld