Saqa v Kashro [2020] NSWCATAP 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saqa v Kashro [2020] NSWCATAP 58 Hearing dates: 19 February 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member L Wilson, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The stay ordered on 19 December 2019 is set aside. (4) The respondent may lodge in the Tribunal and give to the appellants any application for costs, supported by submissions, within seven days. (5) The appellants may provide submissions opposing any cost order sought by the respondent within 14 days. (6) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, the Appeal Panel dispenses with a hearing on the question of costs and will determine any application for costs on the papers. Catchwords: RESIDENTIAL TENANCIES – substantial miscarriage of justice – proper test for against the weight of evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 36(4), 38(5)(c) Civil and Administrative Tribunal Rules 2014 (NSW), r 38A Residential Tenancies Act 2010 (NSW), ss 51(3), 166, 175, 187 Cases Cited: Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd [2019] NSWCA 61 Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Metuisela Saqa (First Appellant) Patricia Takuna (Second Appellant) Atunaisa Saqa (Third Appellant) Samantha Kashro (Respondent) Representation: First Appellant (Self Represented) (appearing for the Appellants) Ms Bilechi (Agent) (Respondent) File Number(s): AP 19/54626 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 November 2019 Before: G Bassett, General Member