Shamoun v Dbouk [2023] NSWCATAP 319

Shamoun v Dbouk [2023] NSWCATAP 319

Extension of time for lodging Notice of Appeal was granted due to medical evidence and no prejudice to respondents, but leave to appeal was refused and appeal dismissed as no error on a question of law or any basis for granting leave was demonstrated; the initial tribunal correctly found against the appellant based on evidence and proper application of relevant legal principles.

Parties
Appellant: George Shamoun; Respondent: Mustapha Dbouk; Respondent: Rola Zheim
Jurisdiction
Australia
Judgment Date
01 December 2023
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Internal Appeal, Leave to Appeal, Extension of Time, Rent Arrears, Compensation Claim

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

George Shamoun

Appellant

Mustapha Dbouk

Respondent

Rola Zheim

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

  1. 1 Whether the appeal should be granted an extension of time
  2. 2 Whether leave to appeal should be granted
  3. 3 Whether the Tribunal below made an error on a question of law

Ratio Decidendi

Extension of time for lodging Notice of Appeal was granted due to medical evidence and no prejudice to respondents, but leave to appeal was refused and appeal dismissed as no error on a question of law or any basis for granting leave was demonstrated; the initial tribunal correctly found against the appellant based on evidence and proper application of relevant legal principles.

Court Disposition

Appeal dismissed

Orders

  • The time for lodging the Notice of Appeal is extended to 16 October 2023.
  • Leave to appeal is refused.