Bechara v Kazzi (No 2) [2021] NSWCATAP 396

Bechara v Kazzi (No 2) [2021] NSWCATAP 396

The extension of time was refused because, although the delay was relatively brief and no appreciable prejudice to the respondents was shown, the proposed appeal had no relative prospect of success: the grounds were in substance challenges to the merits or fact-finding, identified no question of law, and disclosed no basis for a grant of leave or reasonably clear injustice. The respondents' costs application was dismissed because they did not address the special circumstances required for a costs order and the paper appeal did not justify such an order.

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Internal Appeal From a Costs Decision in Residential Tenancy Proceedings / Appeal Panel Determination on the Papers of an Out of Time Appeal and Costs Application
Outcome
Hearing dispensed with; extension of time to lodge the Notice of Appeal refused; respondents' application for costs of the appeal dismissed.
Legal Topics
['extension of Time to Lodge Notice of Appeal' 'appeal From Costs Decision' 'special Circumstances for Costs in Ncat' 'questions of Law and Leave to Appeal' 'apprehended Personal Violence Order and Access to Rented Premises']
['administrative Law' 'residential Tenancy Law' 'costs' 'appeals'] ['extension of Time to Lodge Notice of Appeal' 'appeal From Costs Decision' 'special Circumstances for Costs in Ncat' 'questions of Law and Leave to Appeal' 'apprehended Personal Violence Order and Access to Rented Premises']

Case Brief

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Procedural Posture

Internal Appeal From a Costs Decision in Residential Tenancy Proceedings / Appeal Panel Determination on the Papers of an Out of Time Appeal and Costs Application

Legal Issues

  1. 1 ['Whether a hearing of the appeal should be dispensed with and the appeal determined on the papers.' 'Whether time should be extended to lodge the Notice of Appeal filed about ten days late.' 'Whether the proposed grounds identified an error on a question of law or otherwise justified a grant of leave to appeal from the costs decision.' 'Whether the Tribunal erred in treating the APVO argument as relevant and not manifestly unreasonable or untenable.' 'Whether the respondents established special circumstances warranting costs of the appeal.']

Ratio Decidendi

The extension of time was refused because, although the delay was relatively brief and no appreciable prejudice to the respondents was shown, the proposed appeal had no relative prospect of success: the grounds were in substance challenges to the merits or fact-finding, identified no question of law, and disclosed no basis for a grant of leave or reasonably clear injustice. The respondents' costs application was dismissed because they did not address the special circumstances required for a costs order and the paper appeal did not justify such an order.

Court Disposition

Hearing dispensed with; extension of time to lodge the Notice of Appeal refused; respondents' application for costs of the appeal dismissed.

Orders

  • ['A hearing of the appeal is dispensed with.' 'An extension of time to lodge the Notice of Appeal is refused.' "The respondents' application for costs of the appeal is dismissed."]