Ull Pty Ltd v Adwell Holdings Pty Ltd [2010] NSWADTAP 15

Ull Pty Ltd v Adwell Holdings Pty Ltd [2010] NSWADTAP 15

Leave to appeal out of time is refused because the applicant failed to provide a reasonable explanation for the delay and the proposed appeal has very little merit, raising either no error of law or only minor, non-material issues.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 March 2010
Procedural Posture
Appeal / Application for Leave to Appeal Out of Time
Outcome
Leave to appeal out of time refused.
Legal Topics
['application for Leave to Appeal Out of Time' 'unconscionable Conduct Under Retail Leases' 'reasonableness of Delay in Filing Appeal' 'financial Consequences of Tribunal Decisions']
['administrative Law' 'tenancy and Leasing'] ['application for Leave to Appeal Out of Time' 'unconscionable Conduct Under Retail Leases' 'reasonableness of Delay in Filing Appeal' 'financial Consequences of Tribunal Decisions']

Source-derived case record

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Procedural Posture

Appeal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 ['Whether leave should be granted to proceed with an appeal filed out of time under section 113 of the Administrative Decisions Tribunal Act 1997' 'Whether the Tribunal erred in law regarding principles of unconscionable conduct under the Retail Leases Act 1994' 'Whether the Tribunal failed to account for statutory requirements in assessing outgoings under the Retail Leases Act']

Ratio Decidendi

Leave to appeal out of time is refused because the applicant failed to provide a reasonable explanation for the delay and the proposed appeal has very little merit, raising either no error of law or only minor, non-material issues.

Court Disposition

Leave to appeal out of time refused.

Orders

  • ["The Appellant's application for leave to appeal out of time is refused." "Any application for costs in these appellate proceedings must be filed and served, with supporting submissions, within 28 days of the date of this decision. The opposing party or parties must file and serve submissions in reply within a...