Soueid v St George Community Housing Limited [2023] NSWCATAP 202

Soueid v St George Community Housing Limited [2023] NSWCATAP 202

The appeal was dismissed because the application for extension of time to appeal was refused; the grounds advanced by the appellant did not establish any error of law, substantial miscarriage of justice, or warrant setting aside of the consent orders. There was no evidence of special disadvantage impacting consent,...

Source-derived case information.

Parties
Appellant: Amer Soueid; Respondent: St George Community Housing Limited
Jurisdiction
Australia
Judgment Date
25 July 2023
Procedural Posture
Internal Appeal / Appeal Determination
Outcome
appeal dismissed
Legal Topics
Appeal From Consent Orders, Extension of Time, Setting Aside Consent Orders, Termination of Tenancy
Residential Tenancies Administrative Law Appeal From Consent Orders Extension of Time Setting Aside Consent Orders Termination of Tenancy

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Parties

Amer Soueid

Appellant

St George Community Housing Limited

Respondent

Procedural Posture

Internal Appeal / Appeal Determination

Legal Issues

  1. 1 Whether extension of time to lodge appeal should be granted
  2. 2 Whether consent orders for termination of tenancy should be set aside due to language disadvantage or new evidence
  3. 3 Whether leave to appeal should be granted in light of Tribunal rules and fairness

Ratio Decidendi

The appeal was dismissed because the application for extension of time to appeal was refused; the grounds advanced by the appellant did not establish any error of law, substantial miscarriage of justice, or warrant setting aside of the consent orders. There was no evidence of special disadvantage impacting consent, and no new evidence affecting the outcome. Further, there was no adequate explanation for the delay or prospects of success.

Court Disposition

appeal dismissed

Orders

  • Extension of time to lodge the appeal is refused.
  • Leave to appeal refused.