Kumar v Sabharwal [2017] NSWCATAP 200

Kumar v Sabharwal [2017] NSWCATAP 200

The Appeal Panel refused to extend time because the Notice of Appeal was filed substantially outside the 28 day period, the appellant's explanation based on wedding obligations did not adequately explain the delay, the proposed appeal had no prospects of success, and the respondent would be prejudiced by further delay. Although the Tribunal did not refer to s 48MA of the Home Building Act 1989 (NSW), the appellant's suspended licence and the breakdown of the relationship between the parties meant rectification by the appellant would not have been ordered, and the remaining grounds were evidentiary challenges unsupported by sufficient evidence or submissions.

Jurisdiction
Australia
Judgment Date
18 October 2017
Procedural Posture
Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division, in Home Building Proceedings; Application for Extension of Time to File Notice of Appeal / Appeal Panel Decision
Outcome
Application for extension of time dismissed; appeal otherwise dismissed.
Legal Topics
['extension of Time to Appeal' 'prospects of Success' 'defective Residential Building Work' 'rectification as Preferred Outcome' 'ncat Appeal Panel']
['civil Procedure' 'home Building' 'tribunal Appeals'] ['extension of Time to Appeal' 'prospects of Success' 'defective Residential Building Work' 'rectification as Preferred Outcome' 'ncat Appeal Panel']

Case Brief

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Procedural Posture

Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division, in Home Building Proceedings; Application for Extension of Time to File Notice of Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether time should be extended for the appellant to file the Notice of Appeal outside the 28 day period required by the Rules.' 'Whether the appellant provided a satisfactory explanation for the delay in filing the Notice of Appeal.' 'Whether the proposed appeal had sufficient prospects of success to justify an extension of time.' 'Whether the Tribunal erred by failing to have regard to s 48MA of the Home Building Act 1989 (NSW).' 'Whether the remaining grounds disclosed appealable error or merely challenged evidentiary findings.']

Ratio Decidendi

The Appeal Panel refused to extend time because the Notice of Appeal was filed substantially outside the 28 day period, the appellant's explanation based on wedding obligations did not adequately explain the delay, the proposed appeal had no prospects of success, and the respondent would be prejudiced by further delay. Although the Tribunal did not refer to s 48MA of the Home Building Act 1989 (NSW), the appellant's suspended licence and the breakdown of the relationship between the parties meant rectification by the appellant would not have been ordered, and the remaining grounds were evidentiary challenges unsupported by sufficient evidence or submissions.

Court Disposition

Application for extension of time dismissed; appeal otherwise dismissed.

Orders

  • ['The application for an extension of time for the filing of the Notice of Appeal is dismissed.' 'The appeal is otherwise dismissed.']