The ACT Court of Appeal held that an appeal 'on a question of law' under s 125 of the Residential Tenancies Act 1997 (ACT) does not extend to mixed questions of fact and law, and that whether an estoppel arose on particular facts is invariably such a mixed question. To obtain leave to appeal, an applicant must identify a question of law, demonstrate at least an arguable case that the tribunal erred on that question, and show the error would have produced a more favourable result. The Court left open whether substantial injustice is a relevant consideration for leave but held it cannot justify a grant of leave absent an arguable case. On the Wednesbury unreasonableness ground, the tribunal's refusal to exercise its discretion in favour of the appellant was held to be plainly open given the flat had been vacant for almost 12 years and evidence of high demand for public housing.
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