Sui v Jiang [2024] NSWCATAP 128

The application for an extension of time to lodge the appeal was refused due to a lengthy and unexplained delay, no evidence of substantial prejudice, and no substantial prospects of success as the Tribunal correctly interpreted and applied the relevant by-laws and relied on objective expert evidence to determine breach. Had an extension been granted, the appeal would be dismissed for lack of merit.

Jurisdiction: Australia
Judgment Date: 28 June 2024
Procedural Posture: Appeal / Application for Extension of Time and Appeal Against Orders in Strata Titles Dispute
Outcome: Appeal dismissed; extension of time refused
Legal Topics: ['strata Titles' 'noise by Laws' 'acoustic Standards' 'extensions of Time in Appeals' 'internal Appeals in Tribunal' 'interpretation of by Laws']

['property Law'] ['strata Titles' 'noise by Laws' 'acoustic Standards' 'extensions of Time in Appeals' 'internal Appeals in Tribunal' 'interpretation of by Laws']

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

Procedural Posture

Appeal / Application for Extension of Time and Appeal Against Orders in Strata Titles Dispute

Legal Issues

1 ['Whether the appeal was lodged out of time and if extension should be granted' 'Whether the Tribunal erred in construing and applying 2019 and 2022 strata by-laws' 'Whether new expert evidence should be admitted on appeal' 'Whether the Tribunal erred in finding a breach of noise by-law based on expert evidence' 'If the noise transmission standard applicable was correctly adopted']

Ratio Decidendi

Court Disposition

Appeal dismissed; extension of time refused

Orders

['The application for an extension of time in which to lodge the appeal is refused.' 'The appeal is dismissed.']