Dusanovski v Xiao [2015] NSWCATAP 254

Dusanovski v Xiao [2015] NSWCATAP 254

The appeal was dismissed because the tenants were given a reasonable opportunity to present their case but failed to comply with directions and failed to attend the hearing, and their grounds of appeal lacked merit. The tenants’ explanation for delay was reasonable, but the appeal had no prospects of success and no substantial miscarriage of justice occurred.

Parties
First Appellant: Douglas Dusanovski; Second Appellant: Kate Dusanovski; First Respondent: Ting Ting Xiao; Second Respondent: Peng Li
Jurisdiction
Australia
Judgment Date
30 November 2015
Procedural Posture
Appeal / Application for Extension of Time and Appeal Determination
Outcome
Appeal dismissed. Application to lodge appeal out of time refused.
Legal Topics
Appeal Out of Time, Procedural Fairness, Residential Tenancy, Compensation for Property Damage
Administrative Law Tenancy Law Appeal Out of Time Procedural Fairness Residential Tenancy Compensation for Property Damage

Case Brief

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Parties

Douglas Dusanovski

First Appellant

Kate Dusanovski

Second Appellant

Ting Ting Xiao

First Respondent

Peng Li

Second Respondent

Procedural Posture

Appeal / Application for Extension of Time and Appeal Determination

Legal Issues

  1. 1 Whether the appeal should be accepted out of time
  2. 2 Whether procedural fairness was denied in the original Tribunal hearing
  3. 3 Whether the tenants should be liable for the full cost of replacing the carpet

Ratio Decidendi

The appeal was dismissed because the tenants were given a reasonable opportunity to present their case but failed to comply with directions and failed to attend the hearing, and their grounds of appeal lacked merit. The tenants’ explanation for delay was reasonable, but the appeal had no prospects of success and no substantial miscarriage of justice occurred.

Court Disposition

Appeal dismissed. Application to lodge appeal out of time refused.

Orders

  • Application to lodge the appeal out of time is refused.
  • Appeal dismissed.