Sol & Mar Pty Ltd v The SG Spark Group Pty Ltd [2018] NSWCATAP 105

Sol & Mar Pty Ltd v The SG Spark Group Pty Ltd [2018] NSWCATAP 105

The appellant gave no satisfactory explanation for the extensive delay in filing the appeal, had opportunities to discover the outcome sooner, and delaying justice would prejudice the respondent. Discretion to extend time under s 41 should not be exercised and the appeal is dismissed as out of time.

Parties
Appellant: Sol & Mar Pty Ltd; Respondent: The SG Spark Group Pty Ltd
Jurisdiction
Australia
Judgment Date
01 March 2018
Procedural Posture
Appeal / Application for Extension of Time to Appeal and Disposition of Substantive Appeal
Outcome
Application for extension of time refused; appeal dismissed.
Legal Topics
Appeal Out of Time, Adjournment Refusal, Retail Lease Dispute, Extension of Time to Appeal
Civil Procedure Consumer Law Commercial Law Appeal Out of Time Adjournment Refusal Retail Lease Dispute Extension of Time to Appeal

Case Brief

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Parties

Sol & Mar Pty Ltd

Appellant

The SG Spark Group Pty Ltd

Respondent

Procedural Posture

Appeal / Application for Extension of Time to Appeal and Disposition of Substantive Appeal

Legal Issues

  1. 1 Whether the appellant should be granted an extension of time to appeal under s 41 of the Civil and Administrative Tribunal Act 2013
  2. 2 Whether there was an adequate explanation for the delay in bringing the appeal
  3. 3 Whether refusal of adjournment and money order was fair

Ratio Decidendi

The appellant gave no satisfactory explanation for the extensive delay in filing the appeal, had opportunities to discover the outcome sooner, and delaying justice would prejudice the respondent. Discretion to extend time under s 41 should not be exercised and the appeal is dismissed as out of time.

Court Disposition

Application for extension of time refused; appeal dismissed.

Orders

  • The application for an extension of time in which to appeal is refused.
  • The appeal is dismissed.