Kida Park Pty Ltd t/as Capital Steel Buildings v Rutten [2015] NSWCATAP 40

Kida Park Pty Ltd t/as Capital Steel Buildings v Rutten [2015] NSWCATAP 40

No satisfactory explanation for delay, no question of law raised in the grounds, and no merit in the appeal; therefore, extension of time and leave to appeal were refused.

Jurisdiction
Australia
Judgment Date
13 March 2015
Procedural Posture
Appeal / Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time refused; appeal dismissed
Legal Topics
['extension of Time' 'appeals' 'civil and Administrative Tribunal Procedure' 'leave to Appeal' 'merits Review']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time and Leave to Appeal

  1. 1 ['Whether an extension of time to appeal should be granted' 'Whether leave to appeal should be granted' 'Whether there was a question of law or sufficient merits to warrant leave']

Ratio Decidendi

No satisfactory explanation for delay, no question of law raised in the grounds, and no merit in the appeal; therefore, extension of time and leave to appeal were refused.

Court Disposition

Application for extension of time refused; appeal dismissed

Orders

  • ['The application for extension of time in which to appeal and seek leave to appeal is refused.' 'To the extent otherwise necessary, the appeal is dismissed.' 'All stays in relation to the decision below of 13 October 2014 are set aside.' 'Any application by the respondent for an order for costs in the appeal is to...