Valencia v Blue Haven Pools South Pty Ltd [2018] NSWCATAP 274

Valencia v Blue Haven Pools South Pty Ltd [2018] NSWCATAP 274

The application to extend time was refused as the delay was significant (over 4 months), there was no adequate explanation for the delay, and the appeal's prospects of success were weak; leave to appeal was not warranted and the appeal was otherwise dismissed.

Parties
First Appellant: Ruben Valencia; Second Appellant: Gloria Valencia; Respondent: Blue Haven Pools South Pty Ltd
Jurisdiction
Australia
Judgment Date
22 November 2018
Procedural Posture
Internal Appeal / Application for Extension of Time to Appeal and Appeal on Merits
Outcome
Appeal dismissed; extension of time refused
Legal Topics
Extension of Time, Appeals, Tribunal Procedure
Practice and Procedure Extension of Time Appeals Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Ruben Valencia

First Appellant

Gloria Valencia

Second Appellant

Blue Haven Pools South Pty Ltd

Respondent

Procedural Posture

Internal Appeal / Application for Extension of Time to Appeal and Appeal on Merits

Legal Issues

  1. 1 Whether the time to file a Notice of Appeal should be extended
  2. 2 Whether leave to appeal should be granted
  3. 3 Whether errors in the Tribunal's findings justify granting leave or allowing the appeal

Ratio Decidendi

The application to extend time was refused as the delay was significant (over 4 months), there was no adequate explanation for the delay, and the appeal's prospects of success were weak; leave to appeal was not warranted and the appeal was otherwise dismissed.

Court Disposition

Appeal dismissed; extension of time refused

Orders

  • The application to extend time for the filing of the Notice of Appeal is refused.
  • The appeal is otherwise dismissed.