Arjunan v Neighbourhood Association DP No 285853 [2021] NSWCATAP 357

Arjunan v Neighbourhood Association DP No 285853 [2021] NSWCATAP 357

Leave to extend the time to appeal was refused because the appeal was lodged significantly out of time without reasonable explanation, appellants failed to demonstrate a substantial miscarriage of justice or sufficient merit, and finality of proceedings and proportionate cost considerations militated against granting an extension.

Jurisdiction
Australia
Judgment Date
11 November 2021
Procedural Posture
Appeal / Application for Extension of Time to Appeal
Outcome
Leave to extend time to lodge the Notice of Appeal refused; directions made for written submissions on costs application.
Legal Topics
['extension of Time to Appeal' 'internal Appeal Requirements' 'costs Orders' 'miscarriage of Justice in Tribunal Appeals']
['administrative Law' 'strata and Community Titles'] ['extension of Time to Appeal' 'internal Appeal Requirements' 'costs Orders' 'miscarriage of Justice in Tribunal Appeals']

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Procedural Posture

Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether leave to extend time to lodge Notice of Appeal should be granted' 'Whether the appellants can demonstrate a substantial miscarriage of justice' 'Whether delay is reasonably explained and justified' 'Whether the appeal raises questions of law or principle warranting leave']

Ratio Decidendi

Leave to extend the time to appeal was refused because the appeal was lodged significantly out of time without reasonable explanation, appellants failed to demonstrate a substantial miscarriage of justice or sufficient merit, and finality of proceedings and proportionate cost considerations militated against granting an extension.

Court Disposition

Leave to extend time to lodge the Notice of Appeal refused; directions made for written submissions on costs application.

Orders

  • ['Leave to extend time to lodge the Notice of Appeal is refused.' 'The respondent is to lodge submissions and evidence in support of its costs application with the Appeal Registry and give them to the appellants within 14 days of the publication of these orders.' 'Any submissions and evidence in response to the...