Day v Bari [2015] NSWCATAP 15

Day v Bari [2015] NSWCATAP 15

The appellants did not provide evidence to explain the delay in filing, address prejudice to the respondent, or demonstrate an arguable case on appeal; therefore, there was no basis to grant an extension of time, and the appeal could not proceed.

Jurisdiction
Australia
Judgment Date
12 February 2015
Procedural Posture
Appeal / Determination of Application for Extension of Time to Appeal and Appeal Dismissal
Outcome
Appeal dismissed; extension of time refused
Legal Topics
['appeal' 'extension of Time' 'residential Tenancy' 'default Judgment']
['civil Procedure'] ['appeal' 'extension of Time' 'residential Tenancy' 'default Judgment']

Case Brief

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Procedural Posture

Appeal / Determination of Application for Extension of Time to Appeal and Appeal Dismissal

Legal Issues

  1. 1 ['Whether an extension of time to lodge appeal should be granted' 'Whether appellants provided sufficient evidence or explanation for delay and arguable case']

Ratio Decidendi

The appellants did not provide evidence to explain the delay in filing, address prejudice to the respondent, or demonstrate an arguable case on appeal; therefore, there was no basis to grant an extension of time, and the appeal could not proceed.

Court Disposition

Appeal dismissed; extension of time refused

Orders

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