Nanitsos v Nanitsos [2022] NSWCATAP 37

Nanitsos v Nanitsos [2022] NSWCATAP 37

The adjournment was refused because the appellant's purpose was to seek documents for a new factual misrepresentation claim and he had not shown how that could assist an appeal limited to a question of law. The extension of time was refused because the proposed appeal lacked merit: after execution of the warrant of possession the appeal could only be on a question of law, but the appellant sought documents and new evidence to advance a new cause of action not raised below, and the only asserted Tribunal error did not identify any real question of law or meritorious point. The appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
11 February 2022
Procedural Posture
Internal Appeal in Residential Tenancy Termination Proceedings / Appeal Panel Determination of Adjournment Application, Extension of Time Application and Appeal
Outcome
Adjournment refused; extension of time dismissed; appeal dismissed.
Legal Topics
['termination Order' 'possession Order' 'internal Appeal Limited to Question of Law' 'extension of Time to Appeal' 'adjournment' 'alleged Misrepresentation']
['residential Tenancy' 'civil Procedure' 'administrative Law'] ['termination Order' 'possession Order' 'internal Appeal Limited to Question of Law' 'extension of Time to Appeal' 'adjournment' 'alleged Misrepresentation']

Case Brief

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Procedural Posture

Internal Appeal in Residential Tenancy Termination Proceedings / Appeal Panel Determination of Adjournment Application, Extension of Time Application and Appeal

Legal Issues

  1. 1 ["Whether the hearing of the appeal should be adjourned so the appellant could seek documents concerning the respondent's inheritance." 'Whether time should be extended to lodge the internal appeal.' 'Whether, after execution of the warrant of possession, the appeal raised a question of law with sufficient merit.' 'Whether the appellant could use the appeal to obtain documents and pursue a new claim that the occupancy agreement was null and void because of alleged misrepresentation.']

Ratio Decidendi

The adjournment was refused because the appellant's purpose was to seek documents for a new factual misrepresentation claim and he had not shown how that could assist an appeal limited to a question of law. The extension of time was refused because the proposed appeal lacked merit: after execution of the warrant of possession the appeal could only be on a question of law, but the appellant sought documents and new evidence to advance a new cause of action not raised below, and the only asserted Tribunal error did not identify any real question of law or meritorious point. The appeal was therefore dismissed.

Court Disposition

Adjournment refused; extension of time dismissed; appeal dismissed.

Orders

  • ["The appellant's application to adjourn the hearing of the appeal on 1 December 2021 is refused." 'The application for an extension of time in which to lodge the appeal is dismissed.' 'The appeal is dismissed.']