Turner v Baker [2023] NSWCATAP 115

Turner v Baker [2023] NSWCATAP 115

The Appeal Panel refused an extension of time and leave to appeal because no error on a question of law was shown, the alleged new evidence was partly available before the hearing and otherwise did not materially answer the basis of the compensation order concerning the landlord's dogs entering the tenant's property and causing difficulties, and the proposed appeal lacked sufficient prospects of success. The delay was not adequately justified, including the period after the later proceedings were finalised before the Notice of Appeal was lodged.

Jurisdiction
Australia
Judgment Date
26 April 2023
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From a Consumer and Commercial Division Tenancy Decision / Application for Extension of Time to Lodge Notice of Appeal and Application for Leave to Appeal
Outcome
Application for extension of time refused; leave to appeal refused; appeal dismissed.
Legal Topics
['internal Appeal' 'extension of Time' 'leave to Appeal' 'fresh Evidence' 'compensation' 'substantial Miscarriage of Justice']
['administrative Law' 'residential Tenancy' 'civil Procedure'] ['internal Appeal' 'extension of Time' 'leave to Appeal' 'fresh Evidence' 'compensation' 'substantial Miscarriage of Justice']

Case Brief

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From a Consumer and Commercial Division Tenancy Decision / Application for Extension of Time to Lodge Notice of Appeal and Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the appellant should be granted an extension of time to lodge the Notice of Appeal.' 'Whether there was error on a question of law in the decision under appeal.' 'Whether significant new evidence was available that was not reasonably available at the time of the hearing.' 'Whether leave to appeal should be granted.']

Ratio Decidendi

The Appeal Panel refused an extension of time and leave to appeal because no error on a question of law was shown, the alleged new evidence was partly available before the hearing and otherwise did not materially answer the basis of the compensation order concerning the landlord's dogs entering the tenant's property and causing difficulties, and the proposed appeal lacked sufficient prospects of success. The delay was not adequately justified, including the period after the later proceedings were finalised before the Notice of Appeal was lodged.

Court Disposition

Application for extension of time refused; leave to appeal refused; appeal dismissed.

Orders

  • ['The application for an extension of time to lodge the Notice of Appeal is refused.' 'Leave to appeal refused.' 'Appeal dismissed.']