Symons v E & G Dura [2005] NSWSC 1137

Symons v E & G Dura [2005] NSWSC 1137

No pure question of law arises from the Tribunal decision, only questions of fact. Proceedings brought well out of time and no utility in granting extension; appeal is misconceived and fails.

Jurisdiction
Australia
Judgment Date
08 November 2005
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['appeal From Tribunal' 'extension of Time' 'non Attendance at Hearing' 'tribunal Jurisdiction']
['administrative Law'] ['appeal From Tribunal' 'extension of Time' 'non Attendance at Hearing' 'tribunal Jurisdiction']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether an extension of time to appeal should be granted under s67 of the Consumer Trader & Tenancy Act 2001' 'Whether the Tribunal lacked jurisdiction' 'Whether there is a pure question of law justifying an appeal']

Ratio Decidendi

No pure question of law arises from the Tribunal decision, only questions of fact. Proceedings brought well out of time and no utility in granting extension; appeal is misconceived and fails.

Court Disposition

Appeal dismissed

Orders

  • ['The summons is dismissed.' 'The plaintiff is ordered to pay the costs of the summons.' 'The costs are to be payable on an indemnity basis.' 'The papers are referred to the Prothonotary for attention.']