Wallace v Price [2017] NSWCATAP 212

Wallace v Price [2017] NSWCATAP 212

The length of the delay (over two years and eight months) in filing the original application outweighed the explanations provided by the appellant, and there was no miscarriage of discretion by the Tribunal in refusing to extend time.

Parties
Appellant: Lisa Wallace; Respondent: Tracy Lee Price
Jurisdiction
Australia
Judgment Date
04 October 2017
Procedural Posture
Appeal / Application for Extension of Time to Appeal; Appeal Against Refusal to Extend Time for Primary Compensation Application
Outcome
Leave for extension of time to appeal is denied; the appeal is dismissed.
Legal Topics
Extension of Time, Abandonment of Premises, Tribunal Discretion
Residential Tenancy Administrative Law Extension of Time Abandonment of Premises Tribunal Discretion

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Parties

Lisa Wallace

Appellant

Tracy Lee Price

Respondent

Procedural Posture

Appeal / Application for Extension of Time to Appeal; Appeal Against Refusal to Extend Time for Primary Compensation Application

Legal Issues

  1. 1 Whether an extension of time should be granted for lodging an appeal against a Tribunal order
  2. 2 Whether the Tribunal miscarried its discretion in refusing to extend time for the original application for compensation

Ratio Decidendi

The length of the delay (over two years and eight months) in filing the original application outweighed the explanations provided by the appellant, and there was no miscarriage of discretion by the Tribunal in refusing to extend time.

Court Disposition

Leave for extension of time to appeal is denied; the appeal is dismissed.

Orders

  • Leave for extension of time to appeal is denied.
  • The appeal is dismissed.