Bates v Lien [2015] NSWCATCD 98

Bates v Lien [2015] NSWCATCD 98

The application to extend time was refused because the applicant provided no satisfactory explanation for significant delay, was aware of breaches throughout tenancy, and substantial prejudice would result for the respondent; the Tribunal lacks jurisdiction as the application was made outside the prescribed three-month period by sub-clause 22(9) of the Residential Tenancies Regulation 2010.

Jurisdiction
Australia
Judgment Date
10 August 2015
Procedural Posture
Residential Tenancy Application / Application to Extend Time and Jurisdictional Dismissal
Outcome
application dismissed; extension of time refused
Legal Topics
['extension of Time for Application' 'jurisdiction' 'breach of Residential Tenancy Agreement']
['residential Tenancies' 'consumer Law'] ['extension of Time for Application' 'jurisdiction' 'breach of Residential Tenancy Agreement']

Case Brief

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Procedural Posture

Residential Tenancy Application / Application to Extend Time and Jurisdictional Dismissal

Legal Issues

  1. 1 ['Whether the Tribunal should extend time to permit an application for breach of residential tenancy agreement outside the prescribed period' 'Whether the Tribunal has jurisdiction to hear an application lodged after the statutory period']

Ratio Decidendi

The application to extend time was refused because the applicant provided no satisfactory explanation for significant delay, was aware of breaches throughout tenancy, and substantial prejudice would result for the respondent; the Tribunal lacks jurisdiction as the application was made outside the prescribed three-month period by sub-clause 22(9) of the Residential Tenancies Regulation 2010.

Court Disposition

application dismissed; extension of time refused

Orders

  • ['The application to extend the time in which to make this Application to the Tribunal is refused.' 'The Application is dismissed on the basis that the Tribunal does not have jurisdiction to deal with it, it having been made outside the prescribed period provided for in sub-clause 22(9) of the Residential Tenancies...