Pholi v Wearne [2014] NSWCATAP 78

Pholi v Wearne [2014] NSWCATAP 78

The appellant failed to provide an adequate explanation for the delay in filing the appeal and did not demonstrate prospects of success or a substantial miscarriage of justice. The discretion to extend time was not enlivened and leave to appeal would not have been granted even if extension was allowed.

Parties
Appellant: Shonnelle Pholi; Respondent: Aimee Wearne
Jurisdiction
Australia
Judgment Date
06 November 2014
Procedural Posture
Appeal / Application for Extension of Time and Appeal Against Tribunal Decision
Outcome
Application for extension of time refused; appeal dismissed.
Legal Topics
Extension of Time, Appeals, Leave to Appeal, Residential Tenancies, Compensation
Administrative Law Residential Tenancy Law Extension of Time Appeals Leave to Appeal Residential Tenancies Compensation

Case Brief

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Parties

Shonnelle Pholi

Appellant

Aimee Wearne

Respondent

Procedural Posture

Appeal / Application for Extension of Time and Appeal Against Tribunal Decision

Legal Issues

  1. 1 Whether to grant an extension of time to appeal
  2. 2 Whether leave to appeal should be granted on the basis that the decision was not fair and equitable
  3. 3 Whether the appellant had reasonable prospects of success on appeal

Ratio Decidendi

The appellant failed to provide an adequate explanation for the delay in filing the appeal and did not demonstrate prospects of success or a substantial miscarriage of justice. The discretion to extend time was not enlivened and leave to appeal would not have been granted even if extension was allowed.

Court Disposition

Application for extension of time refused; appeal dismissed.

Orders

  • The application for an extension of time to file the Notice of Appeal is refused.
  • The appeal is dismissed.