Raffie v JIH Building Design Pty Ltd [2022] NSWSC 1533

Raffie v JIH Building Design Pty Ltd [2022] NSWSC 1533

Leave to appeal was refused because procedural fairness was accorded to the plaintiff; she was given an opportunity to be heard but failed to adequately explain the delay in filing the cross-appeal, and no injustice would result from refusal.

Jurisdiction
Australia
Judgment Date
10 November 2022
Procedural Posture
Leave to Appeal From NCAT Appeal Panel Decision / Application for Leave to Appeal Decided
Outcome
Leave to appeal refused
Legal Topics
['appeals' 'extension of Time' 'procedural Fairness']
['administrative Law' 'civil Procedure'] ['appeals' 'extension of Time' 'procedural Fairness']

Case Brief

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Procedural Posture

Leave to Appeal From NCAT Appeal Panel Decision / Application for Leave to Appeal Decided

Legal Issues

  1. 1 ['Whether leave to appeal should be granted on the alleged denial of procedural fairness in refusing an extension of time to lodge a cross-appeal']

Ratio Decidendi

Leave to appeal was refused because procedural fairness was accorded to the plaintiff; she was given an opportunity to be heard but failed to adequately explain the delay in filing the cross-appeal, and no injustice would result from refusal.

Court Disposition

Leave to appeal refused

Orders

  • ['Refuse leave to appeal.' "Order the plaintiff to pay the defendant's costs of the proceedings."]