Tymoc v Zylinski [2021] NSWCATAP 58

Tymoc v Zylinski [2021] NSWCATAP 58

The application for extension of time is refused as the appellant did not provide reasons for the delay, does not have a reasonably arguable case, and strict compliance with the rules would not work an injustice. The appeal is dismissed. The appellant's costs application is refused as no special circumstances exist.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Civil Appeal / Appeal Panel Decision
Outcome
appeal dismissed, extension of time refused, costs application refused
Legal Topics
['extension of Time to Appeal' 'appeal Grounds' 'overpaid Rent' 'costs Application']
['residential Tenancies' 'civil Procedure'] ['extension of Time to Appeal' 'appeal Grounds' 'overpaid Rent' 'costs Application']

Source-derived case record

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Procedural Posture

Civil Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the appellant should be granted an extension of time to appeal.' 'Whether the Tribunal erred in calculation of overpaid rent by including water usage payments.' 'Whether special circumstances exist to warrant an award of costs.']

Ratio Decidendi

The application for extension of time is refused as the appellant did not provide reasons for the delay, does not have a reasonably arguable case, and strict compliance with the rules would not work an injustice. The appeal is dismissed. The appellant's costs application is refused as no special circumstances exist.

Court Disposition

appeal dismissed, extension of time refused, costs application refused

Orders

  • ['Application for an extension of time to appeal is refused.' 'Appeal is dismissed.' "Appellant's costs application is refused."]