Sayhoun v Owners Corporation Strata Plan 75123 [2014] NSWCATAP 112

Sayhoun v Owners Corporation Strata Plan 75123 [2014] NSWCATAP 112

The appellants' application for an extension of time was refused because the reasons for delay were unsatisfactory, substantial prejudice to the respondent was identified, and the grounds of appeal did not have sufficient merit to justify a grant of extension. Consequently, the appeal was dismissed.

Parties
First Appellant: Jeffrey Sayhoun; Second Appellant: Marmion Developments Pty Ltd; Respondent: Owners Corporation Strata Plan 75123
Jurisdiction
Australia
Judgment Date
23 December 2014
Procedural Posture
Appeal / Application for Extension of Time to Appeal; Appeal Determination
Outcome
Application for extension of time refused; appeal dismissed.
Legal Topics
Extension of Time for Appeal, Procedural Fairness, Jurisdiction, Admissibility of Evidence
Civil Procedure Extension of Time for Appeal Procedural Fairness Jurisdiction Admissibility of Evidence

Case Brief

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Parties

Jeffrey Sayhoun

First Appellant

Marmion Developments Pty Ltd

Second Appellant

Owners Corporation Strata Plan 75123

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether an extension of time to appeal should be granted
  2. 2 Whether appellants' grounds of appeal have merit (errors of law or procedural fairness)
  3. 3 Whether Tribunal erred regarding jurisdiction, correct defendant, and evidentiary matters

Ratio Decidendi

The appellants' application for an extension of time was refused because the reasons for delay were unsatisfactory, substantial prejudice to the respondent was identified, and the grounds of appeal did not have sufficient merit to justify a grant of extension. Consequently, the appeal was dismissed.

Court Disposition

Application for extension of time refused; appeal dismissed.

Orders

  • The application for an extension of time in which to appeal is refused.
  • The appeal is dismissed.