Yoon v Matar [2018] NSWCATAP 157

No satisfactory explanation for delay or merit in appeal; evidence does not demonstrate breach of repair obligation or business permission; claims for compensation not supported. Application for extension of time and appeal dismissed.

Jurisdiction: Australia
Judgment Date: 28 June 2018
Procedural Posture: Appeal / Judgment
Outcome: Application to extend time dismissed; appeal dismissed
Legal Topics: ['leave to Appeal' 'extension of Time' 'breach of Landlord Obligations' 'compensation' 'quiet Enjoyment']

['residential Tenancies' 'administrative Law'] ['leave to Appeal' 'extension of Time' 'breach of Landlord Obligations' 'compensation' 'quiet Enjoyment']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Judgment

Legal Issues

1 ['Whether leave to appeal out of time should be granted' 'Whether compensation should be awarded for alleged breaches' 'Whether business loss claim is supported by evidence' 'Obligation to repair and quiet enjoyment']

Ratio Decidendi

Court Disposition

Application to extend time dismissed; appeal dismissed

Orders

['The application to extend time in which to file the Notice of Appeal dated 10 February 2018 is dismissed.' 'The appeal is dismissed.' 'Each party is to pay their own costs.']