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
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Parties
George Shamoun
Appellant
Mustapha Dbouk
Respondent
Rola Zheim
Respondent
Procedural Posture
Appeal / Appeal Panel Decision
Legal Issues
- 1 Whether the appeal should be granted an extension of time
- 2 Whether leave to appeal should be granted
- 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.
Full Case Text
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