First National Real Estate v Riordan

In the matter of First National Real Estate v Riordan, the respondent, Riordan, sought a return of her residential tenancy bond from the applicant, First National Real Estate. The case was heard in the Supreme Court of New South Wales, where the primary judge dismissed the application. First National Real Estate sought leave to appeal the decision, arguing that the tribunal's decision to deny the natural justice principle was erroneous and that the tribunal failed to consider their claim to part of the bond. The court was required to decide whether the tribunal's failure to consider the applicant's claim amounted to a denial of natural justice and if the tribunal's findings of fact could be interfered with.

The court examined the evidence presented to the tribunal and the arguments made by both parties. It was found that the tribunal had indeed considered the applicant's claim to part of the bond, but had rejected it on the basis of the evidence presented. The court held that there was no error of law in the tribunal's decision, and that the tribunal had properly exercised its discretion in rejecting the applicant's claim. The court further found that there was no basis to interfere with the tribunal's findings of fact, as they were supported by the evidence. Consequently, the court refused leave to appeal.

No further orders were made by the court. The decision of the primary judge dismissing the applicant's application for a return of the tenancy bond was upheld. The court held that there was no ground established to grant leave to appeal, and the appeal was therefore dismissed.