Russo v Brack [2016] NSWCATAP 261

Russo v Brack [2016] NSWCATAP 261

The Tribunal afforded Mr Russo an opportunity to present his case; he chose to leave the hearing, thereby withdrawing his claim. The Tribunal was entitled to treat the landlord's claim as withdrawn, and did not fail in procedural fairness or natural justice. An extension of time to appeal was refused as there were no reasonable prospects of success.

Jurisdiction
Australia
Judgment Date
01 December 2016
Procedural Posture
Internal Appeal / Application for Extension of Time to Appeal
Outcome
Extension of time to commence proceeding is refused.
Legal Topics
['natural Justice' 'procedural Fairness' 'withdrawal of Application' 'rental Bond']
['administrative Law' 'residential Tenancies'] ['natural Justice' 'procedural Fairness' 'withdrawal of Application' 'rental Bond']

Case Brief

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Procedural Posture

Internal Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether the Tribunal denied the appellant natural justice or procedural fairness by not reading his filed material before the hearing' "Whether the Tribunal erred in treating the appellant's claim as withdrawn after he left the hearing room" 'Whether to grant an extension of time to commence the appeal']

Ratio Decidendi

The Tribunal afforded Mr Russo an opportunity to present his case; he chose to leave the hearing, thereby withdrawing his claim. The Tribunal was entitled to treat the landlord's claim as withdrawn, and did not fail in procedural fairness or natural justice. An extension of time to appeal was refused as there were no reasonable prospects of success.

Court Disposition

Extension of time to commence proceeding is refused.

Orders

  • []