Rahman v Zeaiter [2024] NSWCATAP 217

Rahman v Zeaiter [2024] NSWCATAP 217

The appellant failed to provide satisfactory explanation for delay in filing the Notice of Appeal and has not demonstrated denial of procedural fairness or any merit to support granting leave to appeal. The Tribunal acted correctly in proceeding in absence after notification was given; no substantial miscarriage of justice or error on a question of law was established.

Parties
Appellant: Fahid Rahman; Respondent: Charlie Zeaiter; Respondent: Diana Zeaiter
Jurisdiction
Australia
Judgment Date
01 November 2024
Procedural Posture
Internal Appeal (ncat Appeal Panel) / Application for Extension of Time and Leave to Appeal; Appeal Determination
Outcome
Appeal dismissed
Legal Topics
Extension of Time to Appeal, Leave to Appeal, Procedural Fairness, Residential Tenancy, Setting Aside Orders, Appeal From Interlocutory Decision
Leases and Tenancies Extension of Time to Appeal Leave to Appeal Procedural Fairness Residential Tenancy Setting Aside Orders Appeal From Interlocutory Decision

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Parties

Fahid Rahman

Appellant

Charlie Zeaiter

Respondent

Diana Zeaiter

Respondent

Procedural Posture

Internal Appeal (ncat Appeal Panel) / Application for Extension of Time and Leave to Appeal; Appeal Determination

Legal Issues

  1. 1 Whether extension of time to appeal should be granted
  2. 2 Whether leave to appeal should be granted
  3. 3 Whether the Tribunal denied procedural fairness to the appellant

Ratio Decidendi

The appellant failed to provide satisfactory explanation for delay in filing the Notice of Appeal and has not demonstrated denial of procedural fairness or any merit to support granting leave to appeal. The Tribunal acted correctly in proceeding in absence after notification was given; no substantial miscarriage of justice or error on a question of law was established.

Court Disposition

Appeal dismissed

Orders

  • Application for extension of time to lodge the Notice of Appeal is refused.
  • Leave to appeal is refused.