Townsend v Setchell [2018] NSWCATAP 259

Townsend v Setchell [2018] NSWCATAP 259

The Appeal Panel refused to extend time because the appellant lodged the appeal outside the prescribed time, gave an inadequate explanation for the delay, failed despite directions to lodge the sound recording of the Tribunal's oral reasons or the evidence and material before the Tribunal below, and therefore did not demonstrate any identifiable error, reasonably arguable case, or basis for leave to appeal. The respondent would also suffer considerable prejudice if time were extended after succeeding below.

Jurisdiction
Australia
Judgment Date
02 November 2018
Procedural Posture
Internal Appeal From a Consumer and Commercial Division Residential Tenancy Decision, Including an Application to Extend Time to Lodge the Notice of Appeal / Appeal Panel Determination of Extension of Time
Outcome
The appellant's application for time to be extended within which she is to lodge her Notice of Appeal was refused; the refusal disposed of the appeal and application for leave to appeal, leaving the Tribunal's first instance orders in force.
Legal Topics
['extension of Time to Appeal' 'internally Appealable Decision' 'leave to Appeal' 'substantial Miscarriage of Justice' 'residential Premises Not Separately Metered' 'electricity Charges']
['administrative Law' 'civil Procedure' 'residential Tenancies'] ['extension of Time to Appeal' 'internally Appealable Decision' 'leave to Appeal' 'substantial Miscarriage of Justice' 'residential Premises Not Separately Metered' 'electricity Charges']

Case Brief

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Procedural Posture

Internal Appeal From a Consumer and Commercial Division Residential Tenancy Decision, Including an Application to Extend Time to Lodge the Notice of Appeal / Appeal Panel Determination of Extension of Time

Legal Issues

  1. 1 ['Whether time should be extended under s 41 of the Civil and Administrative Tribunal Act 2013 (NSW) for the appellant to lodge her Notice of Appeal outside the prescribed time.' 'Whether the appellant demonstrated a reasonably arguable case on a question of law or a basis for leave to appeal by showing that she may have suffered a substantial miscarriage of justice.' "Whether the appellant's failure to provide the sound recording of the Tribunal's oral reasons and the material before the Tribunal below prevented the Appeal Panel from identifying error in the decision under appeal." 'Whether extending time would prejudice the respondent, who had succeeded before the Tribunal below.']

Ratio Decidendi

The Appeal Panel refused to extend time because the appellant lodged the appeal outside the prescribed time, gave an inadequate explanation for the delay, failed despite directions to lodge the sound recording of the Tribunal's oral reasons or the evidence and material before the Tribunal below, and therefore did not demonstrate any identifiable error, reasonably arguable case, or basis for leave to appeal. The respondent would also suffer considerable prejudice if time were extended after succeeding below.

Court Disposition

The appellant's application for time to be extended within which she is to lodge her Notice of Appeal was refused; the refusal disposed of the appeal and application for leave to appeal, leaving the Tribunal's first instance orders in force.

Orders

  • ["The appellant's application for time to be extended within which she is to lodge her Notice of Appeal is refused."]