Lavoise v Bertsch [2024] NSWCATAP 238

Lavoise v Bertsch [2024] NSWCATAP 238

The landlord failed to provide an adequate explanation for the appeal delay, did not establish any denial of procedural fairness or identify an error of law, and no arguable case to retain the bond was shown. The circumstances did not justify an extension of time; accordingly, leave to extend time was refused and the appeal dismissed.

Parties
Appellant: Helene Lavoise; Respondent: Scott Bertsch
Jurisdiction
Australia
Judgment Date
22 November 2024
Procedural Posture
Appeal / Decision on Appeal and Application for Extension of Time
Outcome
appeal dismissed; extension of time to file appeal refused
Legal Topics
Appeals Extension of Time, Bonds Repayment to Tenant, Procedural Fairness
Tenancy Civil Procedure Appeals Extension of Time Bonds Repayment to Tenant Procedural Fairness

Case Brief

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Parties

Helene Lavoise

Appellant

Scott Bertsch

Respondent

Procedural Posture

Appeal / Decision on Appeal and Application for Extension of Time

Legal Issues

  1. 1 Whether leave to extend time to file the appeal should be granted
  2. 2 Whether there was a denial of procedural fairness to the landlord
  3. 3 Whether the landlord had an arguable case to retain the bond amount

Ratio Decidendi

The landlord failed to provide an adequate explanation for the appeal delay, did not establish any denial of procedural fairness or identify an error of law, and no arguable case to retain the bond was shown. The circumstances did not justify an extension of time; accordingly, leave to extend time was refused and the appeal dismissed.

Court Disposition

appeal dismissed; extension of time to file appeal refused

Orders

  • Previous stay orders of the Appeal Panel are lifted immediately.
  • Leave to extend time to file the appeal is refused.