Hadidi v Owners Corporation Strata Plan 84787 [2015] NSWCATAP 74

Hadidi v Owners Corporation Strata Plan 84787 [2015] NSWCATAP 74

The appellant's application to extend time for filing the Notice of Appeal was refused due to lack of adequate explanation for delay and absence of merit in the appeal; the Tribunal provided reasonable opportunity for the appellant to present evidence and cross-examine witnesses, procedural fairness was not...

Source-derived case information.

Parties
Appellant: George Hadidi; Respondent: Owners Corporation Strata Plan 84787
Jurisdiction
Australia
Judgment Date
05 May 2015
Procedural Posture
Appeal / Application to Extend Time to File Appeal; Determination of Appeal
Outcome
Application to extend time refused; appeal dismissed; costs awarded to respondent.
Legal Topics
Statutory Warranties, Procedural Fairness, Adjournment, Costs, Extension of Time
Building and Construction Law Administrative Law Civil Procedure Statutory Warranties Procedural Fairness Adjournment Costs Extension of Time

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Parties

George Hadidi

Appellant

Owners Corporation Strata Plan 84787

Respondent

Procedural Posture

Appeal / Application to Extend Time to File Appeal; Determination of Appeal

Legal Issues

  1. 1 Whether the appellant's application to extend time for filing appeal should be granted
  2. 2 Whether refusal to adjourn amounted to procedural unfairness
  3. 3 Whether the appellant was denied an opportunity to present evidence and cross-examine witnesses

Ratio Decidendi

The appellant's application to extend time for filing the Notice of Appeal was refused due to lack of adequate explanation for delay and absence of merit in the appeal; the Tribunal provided reasonable opportunity for the appellant to present evidence and cross-examine witnesses, procedural fairness was not breached, and special circumstances warranted an award of costs to the respondent.

Court Disposition

Application to extend time refused; appeal dismissed; costs awarded to respondent.

Orders

  • The appellant's application to extend time for the filing of the Notice of Appeal is refused.
  • The appeal is dismissed.