Mirow v Mirow [2022] NSWCATAP 383

Mirow v Mirow [2022] NSWCATAP 383

The appellant failed to establish an error on a question of law or provide an adequate explanation for the delay in lodging the appeal. There are no fairly arguable grounds for appeal and no special circumstances warranting a departure from the default costs position. Therefore, the application to extend time to appeal is refused and each party is to bear their own costs.

Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Appeal / Application to Extend Time to Appeal
Outcome
Application to extend time to appeal dismissed.
Legal Topics
['extension of Time to Appeal' 'internal Appeal' 'procedural Fairness' 'residential Tenancy Termination' 'costs in Tribunal Proceedings']

Case Brief

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Procedural Posture

Appeal / Application to Extend Time to Appeal

  1. 1 ['Whether extension of time to appeal should be granted' 'Whether there was an error on a question of law' 'Whether appellant was afforded procedural fairness' 'Whether there are special circumstances warranting an award of costs']

Ratio Decidendi

The appellant failed to establish an error on a question of law or provide an adequate explanation for the delay in lodging the appeal. There are no fairly arguable grounds for appeal and no special circumstances warranting a departure from the default costs position. Therefore, the application to extend time to appeal is refused and each party is to bear their own costs.

Court Disposition

Application to extend time to appeal dismissed.

Orders

  • ['The application to extend time to appeal is dismissed.' 'Each party is to bear their own costs.']