El Ali v Antoniou [2019] NSWCATAP 88

El Ali v Antoniou [2019] NSWCATAP 88

Although the Tribunal had power under s 41 of the Civil and Administrative Tribunal Act 2013 (NSW) to extend time for compliance with the conditions of the consent orders, the discretion should not be exercised because the appellant, through her uncle, failed to ensure payment of the full amount by the agreed due date, gave no sufficient explanation for the default, and an extension would impose on the landlords a payment timeframe to which they had not agreed in the context of a history of non-payment of rent.

Jurisdiction
Australia
Judgment Date
15 April 2019
Procedural Posture
Residential Tenancy Appeal / Appeal Panel Hearing of Appeal From Consumer and Commercial Division Decision Lifting Suspension of Possession Order
Outcome
Application to extend time or excuse non-compliance dismissed; appeal otherwise dismissed.
Legal Topics
['conditional Orders' 'consent Orders' 'extension of Time' 'non Payment of Rent' 'order for Possession']
['practice and Procedure' 'residential Tenancies'] ['conditional Orders' 'consent Orders' 'extension of Time' 'non Payment of Rent' 'order for Possession']

Case Brief

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Procedural Posture

Residential Tenancy Appeal / Appeal Panel Hearing of Appeal From Consumer and Commercial Division Decision Lifting Suspension of Possession Order

Legal Issues

  1. 1 ['Whether the appeal should be dealt with by way of a new hearing under s 80(3) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the Tribunal had power to extend time for compliance with conditions in the consent orders or otherwise excuse non-compliance.' 'Whether time should be extended or non-compliance excused where the appellant failed to pay all amounts required by the consent orders by the due date.']

Ratio Decidendi

Although the Tribunal had power under s 41 of the Civil and Administrative Tribunal Act 2013 (NSW) to extend time for compliance with the conditions of the consent orders, the discretion should not be exercised because the appellant, through her uncle, failed to ensure payment of the full amount by the agreed due date, gave no sufficient explanation for the default, and an extension would impose on the landlords a payment timeframe to which they had not agreed in the context of a history of non-payment of rent.

Court Disposition

Application to extend time or excuse non-compliance dismissed; appeal otherwise dismissed.

Orders

  • ['The appeal is to be dealt with by way of a new hearing pursuant to s 80(3) of the Civil and Administrative Tribunal Act, 2013.' 'The application to extend the time for compliance with the conditions of the orders made 12 March 2019 or to otherwise excuse any non-compliance by reason of the failure to pay amounts...