Taylor v The Owners SP No 61285 [2021] NSWCATAP 270

Taylor v The Owners SP No 61285 [2021] NSWCATAP 270

Leave to appeal was refused and the appeals dismissed because no substantial miscarriage of justice was established, the grounds for leave were not satisfied, limitation periods did not apply to these statutory proceedings, and the Tribunal did not err in failing to consider arguments or evidence not put to it, nor was it obliged to do so for self-represented parties.

Parties
Appellant: Cameron Arthur Taylor; Respondent: The Owners – SP No 61285
Jurisdiction
Australia
Judgment Date
10 September 2021
Procedural Posture
Appeal / Final Determination by Appeal Panel
Outcome
Leave to appeal refused; appeals dismissed.
Legal Topics
Appeal Proceedings, Unauthorised Building Works, Limitation of Actions, Assistance to Self Represented Litigants
Strata Law Administrative Law Civil Procedure Appeal Proceedings Unauthorised Building Works Limitation of Actions Assistance to Self Represented Litigants

Case Brief

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Parties

Cameron Arthur Taylor

Appellant

The Owners – SP No 61285

Respondent

Procedural Posture

Appeal / Final Determination by Appeal Panel

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether originating application was brought within a reasonable time
  3. 3 Whether the Limitation Act 1969 (NSW) applies

Ratio Decidendi

Leave to appeal was refused and the appeals dismissed because no substantial miscarriage of justice was established, the grounds for leave were not satisfied, limitation periods did not apply to these statutory proceedings, and the Tribunal did not err in failing to consider arguments or evidence not put to it, nor was it obliged to do so for self-represented parties.

Court Disposition

Leave to appeal refused; appeals dismissed.

Orders

  • Leave to appeal is refused.
  • The appeal in relation to SC 21/04852 is dismissed.