Brahmbhatt v Osorio [2023] NSWCATAP 188

Brahmbhatt v Osorio [2023] NSWCATAP 188

Leave to extend time to lodge the Notice of Appeal is refused because the appellant lacks standing, fails to identify an error of law or basis for leave, provides no new evidence unavailable at hearing date, and provides insufficient basis for the delay; therefore, the proposed appeal has no prospect of success and does not warrant an extension.

Jurisdiction
Australia
Judgment Date
13 July 2023
Procedural Posture
Internal Appeal / Application to Extend Time for Appeal
Outcome
Leave to extend time to lodge the Notice of Appeal is refused.
Legal Topics
['appeals' 'extension of Time' 'standing' 'new Evidence' 'procedural Fairness']
['administrative Law' 'tenancy Law'] ['appeals' 'extension of Time' 'standing' 'new Evidence' 'procedural Fairness']

Case Brief

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Procedural Posture

Internal Appeal / Application to Extend Time for Appeal

Legal Issues

  1. 1 ['Whether leave to extend time to lodge the Notice of Appeal should be granted' 'Whether appellant had standing to appeal' 'Whether there was an error of law or a basis for leave to appeal' 'Whether new evidence justifies leave to appeal']

Ratio Decidendi

Leave to extend time to lodge the Notice of Appeal is refused because the appellant lacks standing, fails to identify an error of law or basis for leave, provides no new evidence unavailable at hearing date, and provides insufficient basis for the delay; therefore, the proposed appeal has no prospect of success and does not warrant an extension.

Court Disposition

Leave to extend time to lodge the Notice of Appeal is refused.

Orders

  • ['Leave to extend time to lodge the Notice of Appeal is refused.' 'No order as to costs.']