Teixeira v The Owners SP No 37534 [2021] NSWCATAP 366

Teixeira v The Owners SP No 37534 [2021] NSWCATAP 366

The appellants failed to provide sufficient probative evidence to justify an extension of time to appeal. The alleged health reasons for the delay were unsupported by medical or other evidence, and the respondents would face prejudice if time were extended. There was no basis to conclude that an injustice would result from refusing the extension, nor that the prospects of success on appeal were sufficiently strong to warrant allowing out-of-time lodgement of the Notice of Appeal.

Parties
First Appellant: Aristides Teixeira; Second Appellant: Zilda Teixeira; First Respondent: The Owners – SP No 37534; Second Respondent: Ross Panebianco
Jurisdiction
Australia
Judgment Date
17 November 2021
Procedural Posture
Appeal / Application for Extension of Time to Appeal
Outcome
Leave to extend time to lodge the Notice of Appeal is refused.
Legal Topics
Extension of Time to Appeal, Procedural Fairness, Appointment of Compulsory Strata Manager
Strata Law Civil Procedure Extension of Time to Appeal Procedural Fairness Appointment of Compulsory Strata Manager

Case Brief

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Parties

Aristides Teixeira

First Appellant

Zilda Teixeira

Second Appellant

The Owners – SP No 37534

First Respondent

Ross Panebianco

Second Respondent

Procedural Posture

Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether there was a proper explanation and sufficient justification to extend time to lodge the Notice of Appeal
  2. 2 Whether procedural fairness was denied by reappointment of manager without request by parties
  3. 3 Whether new evidence could or should be admitted

Ratio Decidendi

The appellants failed to provide sufficient probative evidence to justify an extension of time to appeal. The alleged health reasons for the delay were unsupported by medical or other evidence, and the respondents would face prejudice if time were extended. There was no basis to conclude that an injustice would result from refusing the extension, nor that the prospects of success on appeal were sufficiently strong to warrant allowing out-of-time lodgement of the Notice of Appeal.

Court Disposition

Leave to extend time to lodge the Notice of Appeal is refused.

Orders

  • Leave is granted to the appellants to be represented by Robert Teixeira.
  • Leave to extend time to lodge the Notice of Appeal is refused.