Doiho Pty Ltd v Waycity Pty Ltd & Anor [2003] NSWSC 578

Doiho Pty Ltd v Waycity Pty Ltd & Anor [2003] NSWSC 578

The plaintiff failed to provide a satisfactory explanation for the delay or prospects of success on appeal. The Tribunal was correct in its finding regarding the ostensible authority of the agent and the quantification of damages. The application for extension of time to appeal is refused and the summons dismissed.

Jurisdiction
Australia
Judgment Date
30 June 2003
Procedural Posture
Application for Extension of Time to Appeal; Appeal From Tribunal Decision / Application for Extension of Time to Appeal Decision of Fair Trading Tribunal; Supreme Court, Common Law Division
Outcome
Application for extension of time to appeal refused; summons dismissed; plaintiff to pay defendant's costs.
Legal Topics
['extension of Time to Appeal' 'ostensible Authority of Agent' 'lease Disputes' 'damages Quantification']
['civil Procedure' 'landlord and Tenant' 'agency Law'] ['extension of Time to Appeal' 'ostensible Authority of Agent' 'lease Disputes' 'damages Quantification']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal; Appeal From Tribunal Decision / Application for Extension of Time to Appeal Decision of Fair Trading Tribunal; Supreme Court, Common Law Division

Legal Issues

  1. 1 ['Whether an extension of time to appeal should be granted' 'Whether the Tribunal erred in finding ostensible authority of a real estate agent to bind the plaintiff to a lease' 'Whether there was wrongful termination of a lease' 'Whether damages were correctly quantified']

Ratio Decidendi

The plaintiff failed to provide a satisfactory explanation for the delay or prospects of success on appeal. The Tribunal was correct in its finding regarding the ostensible authority of the agent and the quantification of damages. The application for extension of time to appeal is refused and the summons dismissed.

Court Disposition

Application for extension of time to appeal refused; summons dismissed; plaintiff to pay defendant's costs.

Orders

  • ['The application for an extension of time to appeal is refused.' 'The summons is dismissed.' "The plaintiff is to pay the defendant's costs as agreed or assessed."]