Mae v Warner [2021] NSWCATAP 306

Mae v Warner [2021] NSWCATAP 306

The application for an extension of time to appeal and for leave to appeal was dismissed because there was no demonstrated error of law or procedural unfairness, no substantial miscarriage of justice, and no basis for leave to appeal. The Tribunal's findings were supported by the evidence, and the rent arrears found did not fall within the protected moratorium period under the RT Act. Without evidence of procedural unfairness or new evidence, the appeal could not succeed.

Jurisdiction
Australia
Judgment Date
06 October 2021
Procedural Posture
Internal Appeal / Appeal Decision From Consumer and Commercial Division of the Civil and Administrative Tribunal, Application for Extension of Time and Leave to Appeal
Outcome
Appeal dismissed; extension of time and leave to appeal refused.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'procedural Fairness' 'residential Tenancy Termination' 'retaliatory Eviction' 'rent Arrears' 'covid 19 Eviction Moratorium']
['tenancy Law' 'administrative Law'] ['extension of Time to Appeal' 'leave to Appeal' 'procedural Fairness' 'residential Tenancy Termination' 'retaliatory Eviction' 'rent Arrears' 'covid 19 Eviction Moratorium']

Case Brief

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Procedural Posture

Internal Appeal / Appeal Decision From Consumer and Commercial Division of the Civil and Administrative Tribunal, Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether extension of time to appeal should be granted' 'Whether leave to appeal should be granted' 'Whether the Tribunal failed to afford procedural fairness' "Whether the Tribunal's decision was fair and equitable" 'Whether the decision was against the weight of evidence' 'Application of COVID-19 eviction moratorium to the facts']

Ratio Decidendi

The application for an extension of time to appeal and for leave to appeal was dismissed because there was no demonstrated error of law or procedural unfairness, no substantial miscarriage of justice, and no basis for leave to appeal. The Tribunal's findings were supported by the evidence, and the rent arrears found did not fall within the protected moratorium period under the RT Act. Without evidence of procedural unfairness or new evidence, the appeal could not succeed.

Court Disposition

Appeal dismissed; extension of time and leave to appeal refused.

Orders

  • ['The application for an extension of time to appeal is refused.' 'The application for leave to appeal is refused.' 'The appeal is otherwise dismissed.']