Kennedy v Singh [2025] NSWCATAP 35

Kennedy v Singh [2025] NSWCATAP 35

The Appeal Panel refused the application for an extension of time and dismissed the appeal because the appellant did not produce evidence to support her claims of not being heard or having new evidence, and there was no realistic possibility that the appeal would have succeeded had the alleged procedural unfairness not occurred.

Parties
Appellant: Clare Kennedy; First Respondent: Pardeep Singh; Second Respondent: Rajwinder Kaur; Third Respondent: Ian Perry
Jurisdiction
Australia
Judgment Date
19 February 2025
Procedural Posture
Appeal / Application for Extension of Time and Substantive Appeal
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Notice of Hearing, Procedural Fairness, Consent Orders, Rent Arrears
Residential Tenancy Consumer Law Extension of Time Notice of Hearing Procedural Fairness Consent Orders Rent Arrears

Case Brief

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Parties

Clare Kennedy

Appellant

Pardeep Singh

First Respondent

Rajwinder Kaur

Second Respondent

Ian Perry

Third Respondent

Procedural Posture

Appeal / Application for Extension of Time and Substantive Appeal

Legal Issues

  1. 1 Whether the appellant was denied procedural fairness due to lack of notice of hearing
  2. 2 Whether there are sufficient prospects of success to justify an extension of time for appeal
  3. 3 Whether leave to appeal should be granted on the basis of new evidence or decision against the weight of evidence

Ratio Decidendi

The Appeal Panel refused the application for an extension of time and dismissed the appeal because the appellant did not produce evidence to support her claims of not being heard or having new evidence, and there was no realistic possibility that the appeal would have succeeded had the alleged procedural unfairness not occurred.

Court Disposition

Appeal dismissed

Orders

  • The appellant's application for an extension of time for the filing of the Notice of Appeal is refused.
  • The appeal is dismissed.