Jayne v Walker [2024] NSWCATAP 257

Jayne v Walker [2024] NSWCATAP 257

The appellant failed to identify any error of law, provided an unsatisfactory explanation for her delay in lodging the appeal, and lacked sufficient merit to warrant extension of time. Accordingly, the appeal was dismissed and the extension of time refused.

Parties
Appellant: Wendy Jayne; Respondent: Carol Walker
Jurisdiction
Australia
Judgment Date
16 December 2024
Procedural Posture
Appeal / Decision on Extension of Time and Appeal
Outcome
Appeal dismissed; extension of time refused; order for possession varied to later date
Legal Topics
Extension of Time for Appeal, Termination of Long Term Tenancy, Error of Law, Suspension of Possession Order
Tenancy Civil Procedure Extension of Time for Appeal Termination of Long Term Tenancy Error of Law Suspension of Possession Order

Case Brief

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Parties

Wendy Jayne

Appellant

Carol Walker

Respondent

Procedural Posture

Appeal / Decision on Extension of Time and Appeal

Legal Issues

  1. 1 Whether extension of time to appeal should be granted
  2. 2 Whether there was an error on a question of law in the decision of 31 May 2024

Ratio Decidendi

The appellant failed to identify any error of law, provided an unsatisfactory explanation for her delay in lodging the appeal, and lacked sufficient merit to warrant extension of time. Accordingly, the appeal was dismissed and the extension of time refused.

Court Disposition

Appeal dismissed; extension of time refused; order for possession varied to later date

Orders

  • An extension of time in which to appeal the Tribunal's decision of 31 May 2024 is refused.
  • The appeal is dismissed.