Gregory v Barrett [2024] NSWCATAP 153

Gregory v Barrett [2024] NSWCATAP 153

The appeal was filed 12 days late because the reasons were sent to the Appellant on 17 January 2024 and the 14-day period expired on 1 February 2024. The Appellant did not seek an extension of time, gave no reason for the delay, and provided no material showing injustice from strict compliance. The Appeal Panel considered the prospects of success not strong, the Respondent's interest in retaining the decision, and the policy of prompt finalisation in residential tenancy matters, and therefore declined to extend time under section 41 of the Civil and Administrative Tribunal Act 2013 (NSW).

Jurisdiction
Australia
Judgment Date
07 August 2024
Procedural Posture
Internal Appeal in Residential Tenancy Proceedings / Appeal Panel Determination on the Papers
Outcome
The appeal is dismissed.
Legal Topics
['residential Tenancy Repairs and Compensation' 'notice of Appeal Filed Out of Time' 'extension of Time to Appeal' 'ncat Internal Appeals']
['leases and Tenancies' 'civil and Administrative Procedure'] ['residential Tenancy Repairs and Compensation' 'notice of Appeal Filed Out of Time' 'extension of Time to Appeal' 'ncat Internal Appeals']

Case Brief

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Procedural Posture

Internal Appeal in Residential Tenancy Proceedings / Appeal Panel Determination on the Papers

Legal Issues

  1. 1 ['Whether the Notice of Appeal was lodged within the time required for an internal appeal against a decision made in residential proceedings.' 'Whether the Tribunal should extend time under section 41 of the Civil and Administrative Tribunal Act 2013 (NSW) despite no extension being sought.']

Ratio Decidendi

The appeal was filed 12 days late because the reasons were sent to the Appellant on 17 January 2024 and the 14-day period expired on 1 February 2024. The Appellant did not seek an extension of time, gave no reason for the delay, and provided no material showing injustice from strict compliance. The Appeal Panel considered the prospects of success not strong, the Respondent's interest in retaining the decision, and the policy of prompt finalisation in residential tenancy matters, and therefore declined to extend time under section 41 of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.']