Zhang v Barry [2023] NSWCATAP 225

As the landlord was not served with notice of hearing in accordance with the Rules and was not aware of the proceedings, procedural fairness was denied; a rehearing is warranted.

Jurisdiction: Australia
Judgment Date: 14 August 2023
Procedural Posture: Internal Appeal / Appeal Determination
Outcome: Appeal allowed; time to lodge appeal extended; original orders set aside; matter remitted for rehearing.
Legal Topics: ['procedural Fairness' 'extension of Time to Appeal' 'service of Notice' 'redetermination of Tenancy Claims']

['administrative Law' 'residential Tenancies'] ['procedural Fairness' 'extension of Time to Appeal' 'service of Notice' 'redetermination of Tenancy Claims']

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Procedural Posture

Internal Appeal / Appeal Determination

Legal Issues

1 ['Whether appellant was notified of the hearing' 'Whether there was a denial of procedural fairness' 'Whether rehearing should be ordered' 'Whether to extend time for lodgement of the appeal']

Ratio Decidendi

As the landlord was not served with notice of hearing in accordance with the Rules and was not aware of the proceedings, procedural fairness was denied; a rehearing is warranted.

Court Disposition

Appeal allowed; time to lodge appeal extended; original orders set aside; matter remitted for rehearing.

Orders

['Time to lodge the appeal is extended to 5 June 2023.' 'The appeal is allowed.' 'Orders 1 and 2 made on 4 May 2023 in RT 23/04888 are set aside.' 'The matter is remitted to the Consumer and Commercial Division of the Tribunal for redetermination, with leave for the parties to adduce such evidence as the Tribunal...