Galea v Yazbek [2022] NSWCATAP 107

Galea v Yazbek [2022] NSWCATAP 107

The appeal was allowed because the order for compensation for disposal of goods could not be made under the Residential Tenancies Act 2010 (NSW), and although the Consumer and Commercial Division had power to hear such claims under the Uncollected Goods Act 1995 (NSW), application 21/47051 was filed out of time and no extension of time had been sought or granted. The Tribunal therefore lacked jurisdiction. Its failure to identify the applicable law and reasoning also amounted to inadequate reasons and an error of law. Time for the appeal was extended because the delay was short, adequately explained, the appeal had strong prospects, and the order below had been made without jurisdiction.

Jurisdiction
Australia
Judgment Date
11 April 2022
Procedural Posture
Internal Appeal / Appeal Panel of the Civil and Administrative Tribunal of New South Wales From a Decision of the Consumer and Commercial Division
Outcome
Time for lodging the notice of appeal was extended, the appeal was allowed, the Tribunal decision was set aside, and application 21/47051 was dismissed.
Legal Topics
['extension of Time for Internal Appeal' 'tribunal Jurisdiction' 'compensation for Disposal of Uncollected Goods' 'adequacy of Reasons' 'time Limits Under the Uncollected Goods Act 1995 (nsw)']
['administrative Law' 'residential Tenancies' 'uncollected Goods' 'civil Procedure'] ['extension of Time for Internal Appeal' 'tribunal Jurisdiction' 'compensation for Disposal of Uncollected Goods' 'adequacy of Reasons' 'time Limits Under the Uncollected Goods Act 1995 (nsw)']

Case Brief

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Procedural Posture

Internal Appeal / Appeal Panel of the Civil and Administrative Tribunal of New South Wales From a Decision of the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether time should be extended for lodging the notice of appeal.' 'Whether the Tribunal had jurisdiction to hear and determine application 21/47051 as it was out of time under s 31B of the Uncollected Goods Act 1995 (NSW) and cl 8 of the Uncollected Goods Regulation 2020 (NSW).' "Whether the Tribunal had jurisdiction under the Residential Tenancies Act 2010 (NSW) to award compensation for disposal of the tenant's goods after repeal of Part 6, Division 2." "Whether the Tribunal's reasons were adequate."]

Ratio Decidendi

The appeal was allowed because the order for compensation for disposal of goods could not be made under the Residential Tenancies Act 2010 (NSW), and although the Consumer and Commercial Division had power to hear such claims under the Uncollected Goods Act 1995 (NSW), application 21/47051 was filed out of time and no extension of time had been sought or granted. The Tribunal therefore lacked jurisdiction. Its failure to identify the applicable law and reasoning also amounted to inadequate reasons and an error of law. Time for the appeal was extended because the delay was short, adequately explained, the appeal had strong prospects, and the order below had been made without jurisdiction.

Court Disposition

Time for lodging the notice of appeal was extended, the appeal was allowed, the Tribunal decision was set aside, and application 21/47051 was dismissed.

Orders

  • ['Time for lodging the notice of appeal is extended until 17 January 2022.' 'The appeal is allowed.' 'The decision of the Tribunal is set aside and in substitution therefore application 21/47051 is dismissed.']