Quader v Bell [2016] NSWSC 623

Quader v Bell [2016] NSWSC 623

Leave to appeal was refused because no question of law warranting Supreme Court intervention was identified in the Appeal Panel's refusal to extend the stay. Although an issue about the construction of s 115 of the Residential Tenancies Act 2010 (NSW) was arguable in relation to Member Kinsey's reasons, Member Kinsey also made an alternative factual finding that the eviction was not retaliatory, which was open to him and did not raise a question of law. The Appeal Panel was not in breach of any statutory requirement to give reasons because reasons had only been requested on 2 May 2016 and s 62 allowed 28 days. The refusal of a stay was within the Appeal Panel's discretion, and no...

Jurisdiction
Australia
Judgment Date
12 May 2016
Procedural Posture
Application for Leave to Appeal From a Decision of the Appeal Panel of the Civil and Administrative Tribunal Refusing a Stay of a Termination Order and Order for Possession / Supreme Court Determination of Leave to Appeal Under S 83(1) of the Civil and Administrative Tribunal Act 2013 (nsw)
Outcome
Leave to appeal refused.
Legal Topics
['residential Tenancy Termination' 'periodic Tenancy' 'retaliatory Eviction' 'ncat Internal Appeal' 'stay Pending Appeal' 'leave to Appeal on a Question of Law' 'supervisory Jurisdiction']
['landlord and Tenant' 'administrative Law' 'civil Procedure'] ['residential Tenancy Termination' 'periodic Tenancy' 'retaliatory Eviction' 'ncat Internal Appeal' 'stay Pending Appeal' 'leave to Appeal on a Question of Law' 'supervisory Jurisdiction']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Decision of the Appeal Panel of the Civil and Administrative Tribunal Refusing a Stay of a Termination Order and Order for Possession / Supreme Court Determination of Leave to Appeal Under S 83(1) of the Civil and Administrative Tribunal Act 2013 (nsw)

Legal Issues

  1. 1 ["Whether leave should be granted to appeal under s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW) from the Appeal Panel's refusal to continue a stay." "Whether any question of law arose from the Appeal Panel's refusal of a stay." "Whether the refusal of a stay rendered Mr Quader's internal appeal nugatory." "Whether Member Kinsey's treatment of s 115 of the Residential Tenancies Act 2010 (NSW) disclosed an error of law relevant to the stay challenge." 'Whether the absence of reasons from the Appeal Panel at the time of refusal of the stay gave rise to a question of law.']

Ratio Decidendi

Leave to appeal was refused because no question of law warranting Supreme Court intervention was identified in the Appeal Panel's refusal to extend the stay. Although an issue about the construction of s 115 of the Residential Tenancies Act 2010 (NSW) was arguable in relation to Member Kinsey's reasons, Member Kinsey also made an alternative factual finding that the eviction was not retaliatory, which was open to him and did not raise a question of law. The Appeal Panel was not in breach of any statutory requirement to give reasons because reasons had only been requested on 2 May 2016 and s 62 allowed 28 days. The refusal of a stay was within the Appeal Panel's discretion, and no...

Court Disposition

Leave to appeal refused.

Orders

  • ['Refuse leave to appeal under s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW).']