Choy v Rugsat [2020] NSWCATAP 88

Choy v Rugsat [2020] NSWCATAP 88

The appellants failed to provide adequate evidence or explanation for the delay in bringing their appeal and therefore did not discharge their onus to establish that an extension of time should be granted; further, the merits of their claim to the rental bond were very weak. The discretion to extend time to appeal was not exercised, and the appeal was dismissed.

Parties
First Appellant: Robert Choy; Second Appellant: Mary Choy; First Respondent: Tanan Rugsat; Second Respondent: Chananon Rugsat; Third Respondent: Atunaisa Saqa
Jurisdiction
Australia
Judgment Date
20 May 2020
Procedural Posture
Internal Appeal / Determination of Extension of Time to Appeal and Appeal Dismissal
Outcome
Application to extend time to appeal refused; appeal dismissed; stay lifted; payment of bond to respondents ordered.
Legal Topics
Extension of Time to Appeal, Procedural Fairness, Bond Disputes, Residential Tenancy Proceedings
Administrative Law Residential Tenancies Extension of Time to Appeal Procedural Fairness Bond Disputes Residential Tenancy Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Choy

First Appellant

Mary Choy

Second Appellant

Tanan Rugsat

First Respondent

Chananon Rugsat

Second Respondent

Atunaisa Saqa

Third Respondent

Procedural Posture

Internal Appeal / Determination of Extension of Time to Appeal and Appeal Dismissal

Legal Issues

  1. 1 Whether there was denial of procedural fairness to the appellants due to lack of notice of hearing
  2. 2 Whether the appeal was lodged in time and, if not, whether an extension of time should be granted
  3. 3 Whether the appellants had adequate prospects of success on appeal

Ratio Decidendi

The appellants failed to provide adequate evidence or explanation for the delay in bringing their appeal and therefore did not discharge their onus to establish that an extension of time should be granted; further, the merits of their claim to the rental bond were very weak. The discretion to extend time to appeal was not exercised, and the appeal was dismissed.

Court Disposition

Application to extend time to appeal refused; appeal dismissed; stay lifted; payment of bond to respondents ordered.

Orders

  • Extension of time to appeal is refused.
  • The appeal is dismissed.