Wang v Hure [2023] NSWCATAP 39

Wang v Hure [2023] NSWCATAP 39

The landlord's appeal was dismissed as no denial of procedural fairness or legal error was established, landlord's claim for compensation failed as tenant was not liable for additional rent beyond fixed term due to landlord's termination notice under s 84 of Residential Tenancies Act, evidence was insufficient for other claims, leave to appeal and extension of time refused given lack of merit and unsatisfactory explanation for delay.

Jurisdiction
Australia
Judgment Date
13 February 2023
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
['termination of Fixed Term Tenancy' 'procedural Fairness' 'application for Extension of Time' 'leave to Appeal']
['residential Tenancies' 'tribunal Procedure'] ['termination of Fixed Term Tenancy' 'procedural Fairness' 'application for Extension of Time' 'leave to Appeal']

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Procedural Posture

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether the Tribunal's dismissal of landlord's claim was attended by appealable error" 'Whether landlord suffered denial of procedural fairness' "Whether landlord entitled to compensation for tenant's failure to give 14 days' notice" "Whether Tribunal's decision was not fair and equitable or against the weight of evidence" 'Entitlement to extension of time to lodge appeal']

Ratio Decidendi

The landlord's appeal was dismissed as no denial of procedural fairness or legal error was established, landlord's claim for compensation failed as tenant was not liable for additional rent beyond fixed term due to landlord's termination notice under s 84 of Residential Tenancies Act, evidence was insufficient for other claims, leave to appeal and extension of time refused given lack of merit and unsatisfactory explanation for delay.

Court Disposition

Appeal dismissed

Orders

  • ['Application for extension of time to lodge the appeal refused.' 'Leave to appeal refused.' 'Appeal dismissed.']