Zhao v Tatters

Zhao filed an application for leave to appeal against a decision made by the Tribunal in a tenancy dispute. The Tribunal dismissed the applicant's appeal on the basis that there were no reasonably arguable grounds of appeal. The applicant argued that the Tribunal had breached the rules of natural justice and procedural fairness, and that the Tribunal's decision was wrong in law or on the facts. The primary judge found that the Tribunal's decision was open to the Tribunal and was not flawed by any procedural unfairness.

The primary issue in the case was whether the Tribunal's decision was open and whether there were any reasonably arguable grounds of appeal. The applicant argued that the Tribunal had breached procedural fairness by not providing an interpreter as requested, and by providing the respondent's material at the hearing rather than beforehand. The applicant also argued that the Tribunal erred in law by applying a rule that was not applicable to minor civil disputes like tenancy matters. The primary judge found that the Tribunal's decision was open and that there were no reasonably arguable grounds of appeal.

The primary judge found that the Tribunal's decision was open and not flawed by any procedural unfairness. The judge found that the applicant had not established that the absence of an interpreter at the hearing resulted in a breach of procedural fairness. The judge also found that the applicant had not established that the Tribunal erred in law by applying a rule that was not applicable to minor civil disputes. The judge found that the applicant had not established any reasonably arguable grounds of appeal.

Leave to appeal against the decision made on 13 December 2017 in Claim T452-17 Richlands is refused. The appeal therefore fails.