TJM Holdings Pty Ltd v Woori International Pty Ltd [2024] NSWCATAP 72

TJM Holdings Pty Ltd v Woori International Pty Ltd [2024] NSWCATAP 72

The Appeal Panel held that the appellant established no denial of procedural fairness or natural justice and no error on a question of law. The Tribunal below identified the correct statutory provisions and legal principles, gave adequate reasons, considered the relevant matters, and did not take irrelevant matters...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 May 2024
Procedural Posture
Internal Appeal From Consumer and Commercial Division Decision Refusing an Extension of Time to Lodge a Set Aside Application and Dismissing the Set Aside Application / Appeal Panel; Application for Leave to Appeal and Appeal
Outcome
Leave to appeal refused and appeal dismissed.
Legal Topics
['application to Extend Time' 'set Aside Application' 'leave to Appeal' 'question of Law' 'procedural Fairness' 'exercise of Discretion' 'key Money Under Retail Lease']
['administrative Law' 'civil Procedure' 'tribunal Procedure' 'retail Leases'] ['application to Extend Time' 'set Aside Application' 'leave to Appeal' 'question of Law' 'procedural Fairness' 'exercise of Discretion' 'key Money Under Retail Lease']

Source-derived case record

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Procedural Posture

Internal Appeal From Consumer and Commercial Division Decision Refusing an Extension of Time to Lodge a Set Aside Application and Dismissing the Set Aside Application / Appeal Panel; Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether the Tribunal below denied the appellant procedural fairness or natural justice in refusing to extend time and dismissing the set aside application.' 'Whether the challenged decision involved an error on a question of law.' 'Whether leave to appeal should be granted on the basis that the appellant may have suffered a substantial miscarriage of justice because the decision was not fair and equitable or was against the weight of evidence.' 'Whether the discretion to extend time and the discretion to set aside the substantive decision miscarried.' 'Whether new evidence relied on in the appeal could be considered.']

Ratio Decidendi

The Appeal Panel held that the appellant established no denial of procedural fairness or natural justice and no error on a question of law. The Tribunal below identified the correct statutory provisions and legal principles, gave adequate reasons, considered the relevant matters, and did not take irrelevant matters into account. The delay in lodging the set aside application was inadequately explained, the appellant failed to show a defence with substantial merit or even an arguable defence, the reasons for non-attendance at the substantive hearing were not acceptable, and the discretionary decisions to refuse an extension of time and dismiss the set aside application did not miscarry...

Court Disposition

Leave to appeal refused and appeal dismissed.

Orders

  • ['Leave to appeal refused.' 'The appeal is dismissed.' 'If the respondent seeks costs of the appeal, the respondent must file and serve written submissions, not exceeding 5 pages, within 14 days of the date of these orders.' "If the appellant opposes the respondent's costs application, the appellant must file and...