Jack Tilburn v The Owners-Strata Plan No 21079 [2014] NSWCATCD 204
The application must be dismissed because s 55(2) is not available where the dismissal was made, at least in part, under s 55(1)(b), and even if it were available, the applicant failed to show reasonable explanation for delay, provide supporting medical evidence, or establish any reasonable prospects of success, thus leave to extend time is refused.
- Jurisdiction
- Australia
- Judgment Date
- 28 October 2014
- Procedural Posture
- Application for Reinstatement of Proceedings / Hearing and Decision on Reinstatement Under S 55(2) of the Act
- Outcome
- Application dismissed
- Legal Topics
- ['reinstatement of Dismissed Proceedings' 'compulsory Appointment of Strata Manager' 'extension of Time' 'failure to Appear in Tribunal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Reinstatement of Proceedings / Hearing and Decision on Reinstatement Under S 55(2) of the Act
Legal Issues
- 1 ['Whether reinstatement application under s 55(2) of the Act is available when dismissal is made under s 55(1)(b) and (c)' 'Whether extension of time for filing reinstatement application should be granted under s 41 of the Act']
Ratio Decidendi
The application must be dismissed because s 55(2) is not available where the dismissal was made, at least in part, under s 55(1)(b), and even if it were available, the applicant failed to show reasonable explanation for delay, provide supporting medical evidence, or establish any reasonable prospects of success, thus leave to extend time is refused.
Court Disposition
Application dismissed
Orders
- ['Application for reinstatement dismissed']
Full Case Text
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