Di Salvo v Leung [2014] NSWCATAP 44

Di Salvo v Leung [2014] NSWCATAP 44

The application for extension of time was refused because the appellant's reasons for delay were not substantiated, no credible evidence of substantial injustice or arguable grounds of appeal was presented, and the delay prejudiced the respondent. Accordingly, the appeal was out of time and dismissed.

Parties
Appellant: Frances Di Salvo; Respondent: Sita Leung
Jurisdiction
Australia
Judgment Date
14 August 2014
Procedural Posture
Appeal / Application for Extension of Time to Appeal; Determination on the Papers
Outcome
Application for extension of time refused; appeal dismissed
Legal Topics
Extension of Time for Appeal, Residential Tenancy Termination, Procedural Fairness, Jurisdiction, Abuse of Process, Bias
Administrative Law Tenancy Law Extension of Time for Appeal Residential Tenancy Termination Procedural Fairness Jurisdiction Abuse of Process Bias

Case Brief

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Parties

Frances Di Salvo

Appellant

Sita Leung

Respondent

Procedural Posture

Appeal / Application for Extension of Time to Appeal; Determination on the Papers

Legal Issues

  1. 1 Whether an extension of time to lodge a notice of appeal should be granted
  2. 2 Whether the appellant had reasonable prospects of success on appeal
  3. 3 Whether refusal of extension would cause substantial injustice

Ratio Decidendi

The application for extension of time was refused because the appellant's reasons for delay were not substantiated, no credible evidence of substantial injustice or arguable grounds of appeal was presented, and the delay prejudiced the respondent. Accordingly, the appeal was out of time and dismissed.

Court Disposition

Application for extension of time refused; appeal dismissed

Orders

  • The Application for an extension of time in which to lodge the notice of appeal is refused.
  • The appeal is dismissed.