Borland v Henderson [2022] NSWCATAP 222

Borland v Henderson [2022] NSWCATAP 222

The Appeal Panel granted a three-day extension of time because the delay was short, the appellants gave an explanation, and the respondent identified no prejudice. The appeal was dismissed because the appellants did not establish denial of procedural fairness: they had notice of the hearing, were represented by counsel, filed extensive evidence, identified no specific additional evidence that would have been adduced, elected not to attend, made no adjournment request, and counsel was not prevented from making such a request. The unappealed finding that the compensation application was brought two years after the relevant limitation period had expired also meant the appeal failed. Leave to...

Jurisdiction
Australia
Judgment Date
07 July 2022
Procedural Posture
Residential Tenancy Internal Appeal / Appeal Panel Appeal From Consumer and Commercial Division Decision Dismissing Tenants' Compensation Application
Outcome
Time to lodge the Notice of Appeal was extended to 11 April 2022 and the appeal was dismissed.
Legal Topics
['compensation Claim' 'rental Bond' 'extension of Time to Appeal' 'procedural Fairness' 'adjournment' 'leave to Appeal']
['residential Tenancy Law' 'administrative Law' 'civil Procedure'] ['compensation Claim' 'rental Bond' 'extension of Time to Appeal' 'procedural Fairness' 'adjournment' 'leave to Appeal']

Case Brief

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Procedural Posture

Residential Tenancy Internal Appeal / Appeal Panel Appeal From Consumer and Commercial Division Decision Dismissing Tenants' Compensation Application

Legal Issues

  1. 1 ['Whether time to lodge the Notice of Appeal should be extended by three days.' "Whether the Tribunal denied procedural fairness by listing the tenants' compensation application for final hearing 17 days after filing without a Group List or Conciliation hearing and without directions for evidence." 'Whether the appellants were prevented from being present at the hearing or from giving instructions to counsel on limitation issues.' 'Whether interruptions by the Tribunal member prevented counsel from making an adjournment application.' 'Whether leave to appeal should be granted on any non-law ground.']

Ratio Decidendi

The Appeal Panel granted a three-day extension of time because the delay was short, the appellants gave an explanation, and the respondent identified no prejudice. The appeal was dismissed because the appellants did not establish denial of procedural fairness: they had notice of the hearing, were represented by counsel, filed extensive evidence, identified no specific additional evidence that would have been adduced, elected not to attend, made no adjournment request, and counsel was not prevented from making such a request. The unappealed finding that the compensation application was brought two years after the relevant limitation period had expired also meant the appeal failed. Leave to...

Court Disposition

Time to lodge the Notice of Appeal was extended to 11 April 2022 and the appeal was dismissed.

Orders

  • ['Time to lodge the Notice of Appeal is extended to 11 April 2022.' 'The appeal is dismissed.']