Liem v Brenner and Dowell [2023] NSWCATAP 57

Liem v Brenner and Dowell [2023] NSWCATAP 57

Leave to extend time to appeal was refused because the appellant provided no adequate explanation for delay, identified no error of law, did not establish a substantial miscarriage of justice, nor did the new evidence meet the threshold for reconsideration. Thus, there was no valid appeal and the proceedings were dismissed as not filed in time.

Jurisdiction
Australia
Judgment Date
28 February 2023
Procedural Posture
Internal Appeal / Application for Extension of Time and Leave to Appeal
Outcome
Leave to extend time to appeal refused; proceedings dismissed as not filed in time.
Legal Topics
['rent Reduction' 'compensation for Damage to Goods' 'extension of Time to Appeal' 'leave to Appeal' 'loss of Facilities Due to Property Damage']
['real Property' 'residential Tenancy' 'tribunal Procedure'] ['rent Reduction' 'compensation for Damage to Goods' 'extension of Time to Appeal' 'leave to Appeal' 'loss of Facilities Due to Property Damage']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Internal Appeal / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to extend time to appeal should be granted' 'Whether the primary Tribunal erred in awarding rent reduction and compensation for goods' 'Whether new evidence justified reopening the matter' 'Whether a substantial miscarriage of justice occurred']

Ratio Decidendi

Leave to extend time to appeal was refused because the appellant provided no adequate explanation for delay, identified no error of law, did not establish a substantial miscarriage of justice, nor did the new evidence meet the threshold for reconsideration. Thus, there was no valid appeal and the proceedings were dismissed as not filed in time.

Court Disposition

Leave to extend time to appeal refused; proceedings dismissed as not filed in time.

Orders

  • ['Leave to extend time to appeal is refused.' 'The present proceedings are dismissed as not filed in time.']