Wang v D F Johnson Pty Ltd [2018] NSWCATAP 271

Wang v D F Johnson Pty Ltd [2018] NSWCATAP 271

The Appeal Panel treated the unrepresented appellant's notice of appeal as including any necessary application for extension of time and for leave to challenge factual findings. Any required extension of time was granted without objection. The notice of appeal disclosed no error of law. On the evidence before the primary member, the primary member came to the only conclusions available: there was no evidence supporting the claims for rent, tree removal, garden removal, damage, bond accounting failure, or refund of management fees, and the respondent's evidence supported its management and accounting. The appellant did not establish any basis for leave to appeal or any substantial...

Jurisdiction
Australia
Judgment Date
20 November 2018
Procedural Posture
Commercial Claim Concerning Landlord and Managing Agent / Appeal Panel Internal Appeal From Consumer Claims Division Decision; Extension of Time and Leave to Appeal Considered
Outcome
Leave to appeal refused; appeal dismissed; any required extension of time granted.
Legal Topics
['internal Appeal' 'leave to Appeal' 'error of Law' 'substantial Miscarriage of Justice' 'significant New Evidence' 'landlord and Managing Agent']
['civil and Administrative Tribunal Appeals' 'consumer and Commercial Claims' 'property Management'] ['internal Appeal' 'leave to Appeal' 'error of Law' 'substantial Miscarriage of Justice' 'significant New Evidence' 'landlord and Managing Agent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Commercial Claim Concerning Landlord and Managing Agent / Appeal Panel Internal Appeal From Consumer Claims Division Decision; Extension of Time and Leave to Appeal Considered

Legal Issues

  1. 1 ['Whether any extension of time was required and should be granted for lodgement of the notice of appeal.' 'Whether the notice of appeal disclosed any error of law.' 'Whether leave to appeal should be granted to challenge findings of fact by the primary member.' 'Whether the appellant may have suffered a substantial miscarriage of justice because the primary decision was not fair and equitable, was against the weight of evidence, or significant new evidence had arisen.']

Ratio Decidendi

The Appeal Panel treated the unrepresented appellant's notice of appeal as including any necessary application for extension of time and for leave to challenge factual findings. Any required extension of time was granted without objection. The notice of appeal disclosed no error of law. On the evidence before the primary member, the primary member came to the only conclusions available: there was no evidence supporting the claims for rent, tree removal, garden removal, damage, bond accounting failure, or refund of management fees, and the respondent's evidence supported its management and accounting. The appellant did not establish any basis for leave to appeal or any substantial...

Court Disposition

Leave to appeal refused; appeal dismissed; any required extension of time granted.

Orders

  • ['Without objection from the respondent, extend the time (if extension is required) for lodgement of notice of appeal to close of business on 29 August 2018.' 'Leave to Appeal is refused.' 'The Appeal is dismissed']