Satchithanantham v Zeaiter Corporate Holdings Pty Ltd (RLD) [2010] NSWADTAP 30

Satchithanantham v Zeaiter Corporate Holdings Pty Ltd (RLD) [2010] NSWADTAP 30

Leave to pursue the interlocutory appeal was refused because the appeal appeared to have no prospects of success, the interests of justice were better served by allowing the first instance dispute to proceed to conclusion, and the appellant also filed the appeal one day out of time without any explanation in circumstances where he was an experienced Tribunal litigant familiar with the relevant rules and procedure.

Jurisdiction
Australia
Judgment Date
11 May 2010
Procedural Posture
Interlocutory Appeal / Appeal Panel Consideration of Leave to Appeal and Extension of Time
Outcome
Appeal dismissed
Legal Topics
['interlocutory Appeal' 'leave to Appeal' 'extension of Time' 'stay of Proceedings by Force of Bankruptcy']
['administrative Law' 'retail Leases' 'bankruptcy'] ['interlocutory Appeal' 'leave to Appeal' 'extension of Time' 'stay of Proceedings by Force of Bankruptcy']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Appeal / Appeal Panel Consideration of Leave to Appeal and Extension of Time

Legal Issues

  1. 1 ['Whether leave should be granted under s 113(2A) of the Administrative Decisions Tribunal Act 1997 for an interlocutory appeal against an order staying proceedings instituted by the appellant.' 'Whether time should be extended under s 113(3)(b) of the Administrative Decisions Tribunal Act 1997 where the notice of appeal was filed one day late.']

Ratio Decidendi

Leave to pursue the interlocutory appeal was refused because the appeal appeared to have no prospects of success, the interests of justice were better served by allowing the first instance dispute to proceed to conclusion, and the appellant also filed the appeal one day out of time without any explanation in circumstances where he was an experienced Tribunal litigant familiar with the relevant rules and procedure.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']