Tadros v Dumond [2015] NSWCATAP 245

Tadros v Dumond [2015] NSWCATAP 245

The Appeal Panel refused to extend time based on the length of the delay, inadequacy of the explanation, weak prospects of success, and clear prejudice to the respondents, applying principles from Jackson and Collins decisions and statutory guidance in s 36 and s 41 of the Act.

Jurisdiction
Australia
Judgment Date
17 November 2015
Procedural Posture
Appeal / Application for Extension of Time to Appeal; Appeal Determination
Outcome
Application to extend time refused; appeal dismissed.
Legal Topics
['extension of Time to Appeal' 'residential Tenancy' 'leave to Appeal' 'internal Appeals']
['civil Procedure'] ['extension of Time to Appeal' 'residential Tenancy' 'leave to Appeal' 'internal Appeals']

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

Appeal / Application for Extension of Time to Appeal; Appeal Determination

Legal Issues

  1. 1 ['Should the Appeal Panel extend time for the filing of the Notice of Appeal?' 'Is there a substantial miscarriage of justice warranting leave to appeal?']

Ratio Decidendi

The Appeal Panel refused to extend time based on the length of the delay, inadequacy of the explanation, weak prospects of success, and clear prejudice to the respondents, applying principles from Jackson and Collins decisions and statutory guidance in s 36 and s 41 of the Act.

Court Disposition

Application to extend time refused; appeal dismissed.

Orders

  • ['The application for an extension of time in which to appeal is dismissed.' 'The appeal is dismissed.']