Ward v Nand [2021] NSWCATAP 14

Ward v Nand [2021] NSWCATAP 14

The Appeal Panel found there was a reasonable excuse for Mr Ward’s failures to appear and that minimal delay and potential injustice justified an extension of time and reinstatement of the proceedings. The appeal was not futile despite Mr Ward’s having vacated, as the termination order may impact his future renting...

Source-derived case information.

Parties
Appellant: Carlyon Ward; Respondent: Janice Nand; Respondent: Jean NSB Nand
Jurisdiction
Australia
Judgment Date
22 January 2021
Procedural Posture
Appeal / Application to Reinstate Appeal and Related Directions
Outcome
Appeal reinstated; time for lodging reinstatement application extended; directions made for further hearing and evidence; additional respondent joined.
Legal Topics
Reinstatement of Proceedings, Extension of Time for Appeal, Residential Tenancy Termination During COVID 19, Procedural Fairness
Administrative Law Tenancy Law Civil Procedure Reinstatement of Proceedings Extension of Time for Appeal Residential Tenancy Termination During COVID 19 Procedural Fairness

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Parties

Carlyon Ward

Appellant

Janice Nand

Respondent

Jean NSB Nand

Respondent

Procedural Posture

Appeal / Application to Reinstate Appeal and Related Directions

Legal Issues

  1. 1 Whether the appeal should be reinstated after dismissal for non-appearance
  2. 2 Whether there was reasonable excuse for Appellant's non-appearance
  3. 3 Whether to extend the time for lodging reinstatement application

Ratio Decidendi

The Appeal Panel found there was a reasonable excuse for Mr Ward’s failures to appear and that minimal delay and potential injustice justified an extension of time and reinstatement of the proceedings. The appeal was not futile despite Mr Ward’s having vacated, as the termination order may impact his future renting prospects and there is an arguable case that the order was made in error. Accordingly, time to apply for reinstatement was extended and the appeal reinstated, with directions for further evidence and submissions.

Court Disposition

Appeal reinstated; time for lodging reinstatement application extended; directions made for further hearing and evidence; additional respondent joined.

Orders

  • Jean NSB Nand is added as a respondent to the application to reinstate and the appeal following reinstatement.
  • The time to lodge the application to reinstate appeal AP 20/43753 is extended to 7 January 2021.