Rose v Jaensch [2022] NSWCATAP 51

Rose v Jaensch [2022] NSWCATAP 51

Ms Rose did not establish sufficient grounds to justify an extension of time for lodging the appeal. Her reasons for delay were inadequate, and she did not demonstrate a substantial miscarriage of justice or raise any question of law requiring leave. The appeal was six days out of time and no prejudice to the respondent was asserted. There was no procedural unfairness or failure in the conduct or decision of the Tribunal below.

Jurisdiction
Australia
Judgment Date
23 February 2022
Procedural Posture
Internal Appeal / Application for Extension of Time to Appeal
Outcome
Application for extension of time to appeal refused
Legal Topics
['residential Tenancy' 'extension of Time' 'appeals' 'procedural Fairness' 'compensation for Mould' 'rent Reduction']
['tenancy Law' 'administrative Law'] ['residential Tenancy' 'extension of Time' 'appeals' 'procedural Fairness' 'compensation for Mould' 'rent Reduction']

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Procedural Posture

Internal Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether the extension of time to lodge an internal appeal should be granted' 'Whether leave to appeal should be granted' 'Whether the decision at first instance was not fair and equitable' 'Whether the decision at first instance was against the weight of evidence' 'Whether significant new evidence has arisen']

Ratio Decidendi

Ms Rose did not establish sufficient grounds to justify an extension of time for lodging the appeal. Her reasons for delay were inadequate, and she did not demonstrate a substantial miscarriage of justice or raise any question of law requiring leave. The appeal was six days out of time and no prejudice to the respondent was asserted. There was no procedural unfairness or failure in the conduct or decision of the Tribunal below.

Court Disposition

Application for extension of time to appeal refused

Orders

  • ['The application for an extension of time within which to appeal is refused.']