Chen v Baxter [2014] NSWCATAP 50

Chen v Baxter [2014] NSWCATAP 50

The appeal was lodged 14 days out of time, the appellants provided no adequate explanation for the delay despite having notice and opportunity to do so, some prejudice to the respondent could be inferred because he had the benefit of the orders, and the proposed appeal did not show substantial merit because the material relied on was available at the original hearing and the complaint concerned the appellants' representative's presentation rather than procedural unfairness or genuinely new evidence. The Appeal Panel therefore refused an extension of time and dismissed the appeal as out of time.

Jurisdiction
Australia
Judgment Date
17 September 2014
Procedural Posture
Internal Appeal in Residential Tenancy Proceedings Concerning Rental Bond Orders / Application for Extension of Time to Appeal and Appeal Determined on the Papers by the Appeal Panel
Outcome
Application for extension of time dismissed; appeal dismissed.
Legal Topics
['extension of Time to Appeal' 'internal Appeal' 'rental Bond' 'exercise of Discretion' 'proceedings on the Papers']
['administrative Law' 'residential Tenancy Law' 'civil Procedure'] ['extension of Time to Appeal' 'internal Appeal' 'rental Bond' 'exercise of Discretion' 'proceedings on the Papers']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Internal Appeal in Residential Tenancy Proceedings Concerning Rental Bond Orders / Application for Extension of Time to Appeal and Appeal Determined on the Papers by the Appeal Panel

Legal Issues

  1. 1 ['Whether an oral hearing of the application for an extension of time should be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the appellants should be granted an extension of time under s 41 of the Civil and Administrative Tribunal Act 2013 (NSW) to lodge their internal appeal out of time.' 'Whether the appellants showed sufficient prospects of success or other reasons justifying an extension of time.' 'Whether the appeal should be dismissed as out of time.']

Ratio Decidendi

The appeal was lodged 14 days out of time, the appellants provided no adequate explanation for the delay despite having notice and opportunity to do so, some prejudice to the respondent could be inferred because he had the benefit of the orders, and the proposed appeal did not show substantial merit because the material relied on was available at the original hearing and the complaint concerned the appellants' representative's presentation rather than procedural unfairness or genuinely new evidence. The Appeal Panel therefore refused an extension of time and dismissed the appeal as out of time.

Court Disposition

Application for extension of time dismissed; appeal dismissed.

Orders

  • ['That an oral hearing of the application for an extension of time in which to appeal be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'The application for an extension of time in which to appeal is dismissed.' 'The appeal is dismissed.']