Khanna v Baweja

This matter concerned an application for leave to appeal against the summary dismissal of a statement of claim. The applicant, the tenant, had raised various complaints regarding the habitability of the premises and the identity of the landlord, which had previously been addressed by the New South Wales Civil and Administrative Tribunal. The tenant's statement of claim sought to reformulate many of these same claims. The appeal was heard by White and McCallum JJA in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the landlord's alleged failure to provide an approval or occupation certificate entitled the tenant to a refund of rent, and whether the tenant's allegations were precluded by the doctrine of issue estoppel. The Court was also required to consider whether the application raised any issue of principle or general importance justifying leave to appeal.

The Court of Appeal determined that the application did not raise any issue of principle or general importance. Consequently, the Court dismissed the summons for leave to appeal. The Court extended the time for filing the application for leave to appeal to the date of filing the summons. The summons for leave to appeal from the orders of the District Court made on 1 September 2017 and 2 February 2018 was dismissed with costs.