Shelton v Phoo [2015] NSWCATAP 120
The appeal panel found that the statements made by the Tribunal member did not amount to duress and that the landlords had a practical choice other than settling. The landlords failed to show a fairly arguable case or that refusal to extend time would work an injustice. Consequently, the application for extension of time and the appeal were dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 24 June 2015
- Procedural Posture
- Appeal / Application for Extension of Time and Substantive Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- ['consent Orders' 'duress' 'extension of Time' 'appeals' 'procedural Fairness' 'tort of Conversion']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Application for Extension of Time and Substantive Appeal
Legal Issues
- 1 ['Whether the consent orders were entered into under duress and should be set aside' 'Whether extension of time for appeal should be granted' 'Whether procedural fairness was denied' "Whether the landlords committed conversion by disposing of the tenant's goods"]
Ratio Decidendi
The appeal panel found that the statements made by the Tribunal member did not amount to duress and that the landlords had a practical choice other than settling. The landlords failed to show a fairly arguable case or that refusal to extend time would work an injustice. Consequently, the application for extension of time and the appeal were dismissed.
Court Disposition
Appeal dismissed
Orders
- ['The application for an extension of time to file a notice of appeal made on 14 August 2014 is dismissed.' 'The appeal is dismissed.']
Full Case Text
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