The Owners – Strata Plan No 31244 v Lyon [2021] NSWCATAP 184

The Owners – Strata Plan No 31244 v Lyon [2021] NSWCATAP 184

The appellant failed to adequately explain the delay in filing the Notice of Appeal; prospects of success were negligible as the only basis for appeal was the admission of new evidence which could not be admitted pursuant to cl 12 of Sch 4, and there was presumptive prejudice to the respondents as a result of the delay; accordingly, the interests of justice did not require the time for appeal to be extended.

Parties
Appellant: The Owners – Strata Plan No 31244; First Respondent: Beau Lyon; Second Respondent: Yu Ren
Jurisdiction
Australia
Judgment Date
24 June 2021
Procedural Posture
Appeal / Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Appeals, Extension of Time, Strata Law, Tribunal Procedure
Civil Procedure Appeals Extension of Time Strata Law Tribunal Procedure

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 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

The Owners – Strata Plan No 31244

Appellant

Beau Lyon

First Respondent

Yu Ren

Second Respondent

Procedural Posture

Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether to grant an extension of time for lodgment of appeal
  2. 2 Adequacy of explanation for delay in lodging appeal
  3. 3 Admissibility of new evidence in appeal

Ratio Decidendi

The appellant failed to adequately explain the delay in filing the Notice of Appeal; prospects of success were negligible as the only basis for appeal was the admission of new evidence which could not be admitted pursuant to cl 12 of Sch 4, and there was presumptive prejudice to the respondents as a result of the delay; accordingly, the interests of justice did not require the time for appeal to be extended.

Court Disposition

Application dismissed

Orders

  • Application to extend time to appeal is dismissed.