Hoang v Halim [2019] NSWCATAP 10

Hoang v Halim [2019] NSWCATAP 10

Leave to appeal was refused because the Appeal Panel found no House v R basis for interfering with the Tribunal's discretionary refusal to extend time: the Tribunal applied the correct principles, considered relevant and material facts, did not rely on extraneous matters, and addressed the Jackson criteria. Leave to file the appeal out of time was declined because, although the delay was not excessive, leave was not opposed and no prejudice was apparent, the medical evidence was weak and the appeal lacked substance, so an extension would lack utility.

Jurisdiction
Australia
Judgment Date
07 January 2019
Procedural Posture
Appeal in a Residential Tenancy Matter / Application for Leave to File Appeal Out of Time and Leave to Appeal From an Interlocutory Decision
Outcome
Leave to file appeal out of time declined; leave to appeal refused.
Legal Topics
['appeals From Interlocutory Decisions' 'extension of Time' 'leave to Appeal' 'residential Tenancy Compensation Claims' 'discretionary Decisions']
['administrative Law' 'residential Tenancy Law'] ['appeals From Interlocutory Decisions' 'extension of Time' 'leave to Appeal' 'residential Tenancy Compensation Claims' 'discretionary Decisions']

Case Brief

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Procedural Posture

Appeal in a Residential Tenancy Matter / Application for Leave to File Appeal Out of Time and Leave to Appeal From an Interlocutory Decision

Legal Issues

  1. 1 ['Whether the Tribunal erred in failing to exercise its discretion to permit the appellant to file her residential tenancy application out of time.' "Whether leave to appeal from the Tribunal's interlocutory decision should be granted." 'Whether the appellant should be granted an extension of time to file the appeal.']

Ratio Decidendi

Leave to appeal was refused because the Appeal Panel found no House v R basis for interfering with the Tribunal's discretionary refusal to extend time: the Tribunal applied the correct principles, considered relevant and material facts, did not rely on extraneous matters, and addressed the Jackson criteria. Leave to file the appeal out of time was declined because, although the delay was not excessive, leave was not opposed and no prejudice was apparent, the medical evidence was weak and the appeal lacked substance, so an extension would lack utility.

Court Disposition

Leave to file appeal out of time declined; leave to appeal refused.

Orders

  • ['Leave to file Appeal out of time declined.' 'Leave to appeal refused.']