ALEXIS-NICOLAS TESSIER v TIMOTHY SUTHERLAND and TANYA SUTHERLAND [2014] NSWCATAP 109

ALEXIS-NICOLAS TESSIER v TIMOTHY SUTHERLAND and TANYA SUTHERLAND [2014] NSWCATAP 109

The appeal was dismissed as the notice of appeal was filed out of time, there was no explanation for the delay, no demonstrated injustice to the appellant, and the grounds of appeal lacked merit.

Jurisdiction
Australia
Judgment Date
16 December 2014
Procedural Posture
Internal Appeal / Appeal Dismissed
Outcome
appeal dismissed
Legal Topics
['extension of Time' 'internal Appeal' 'contract for Services']
['civil Procedure' 'consumer Law'] ['extension of Time' 'internal Appeal' 'contract for Services']

Case Brief

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Procedural Posture

Internal Appeal / Appeal Dismissed

Legal Issues

  1. 1 ['Whether the appeal should be allowed despite being filed outside the statutory period' 'Whether an extension of time to file the appeal should be granted' "Merits of the grounds of appeal against the tribunal's orders"]

Ratio Decidendi

The appeal was dismissed as the notice of appeal was filed out of time, there was no explanation for the delay, no demonstrated injustice to the appellant, and the grounds of appeal lacked merit.

Court Disposition

appeal dismissed

Orders

  • ['The Notice of Appeal filed 30 May 2014 is dismissed.']