Hannaford v Gao [2015] NSWCATAP 134

Hannaford v Gao [2015] NSWCATAP 134

The appeal was filed out of time without satisfactory explanation, there is no evidence of procedural unfairness or any other meritorious ground, and prejudice would be caused to the landlord if leave were granted; therefore leave to appeal out of time is refused and the appeal dismissed.

Parties
Appellant: James Hannaford; Respondent: Sophia Gao
Jurisdiction
Australia
Judgment Date
08 July 2015
Procedural Posture
Appeal / Application for Leave to Appeal Out of Time and Substantive Appeal
Outcome
Leave to appeal out of time refused; appeal dismissed.
Legal Topics
Termination of Tenancy, Unpaid Rent, Procedural Fairness, Extension of Time to Appeal
Residential Tenancies Administrative Law Termination of Tenancy Unpaid Rent Procedural Fairness Extension of Time to Appeal

Case Brief

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Parties

James Hannaford

Appellant

Sophia Gao

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal Out of Time and Substantive Appeal

Legal Issues

  1. 1 Whether leave should be granted to appeal out of time
  2. 2 Whether procedural fairness was denied to the tenant
  3. 3 Whether other grounds of appeal have merit such as misleading by the real estate agent and lack of material facts presented

Ratio Decidendi

The appeal was filed out of time without satisfactory explanation, there is no evidence of procedural unfairness or any other meritorious ground, and prejudice would be caused to the landlord if leave were granted; therefore leave to appeal out of time is refused and the appeal dismissed.

Court Disposition

Leave to appeal out of time refused; appeal dismissed.

Orders

  • Leave is refused for the appellant to appeal out of time.
  • The appeal is dismissed.