Tymoc v Zylinski [2021] NSWCATAP 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tymoc v Zylinski [2021] NSWCATAP 58 Hearing dates: 16 December 2020 Date of orders: 12 March 2021 Decision date: 12 March 2021 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member Dr J Lucy, Senior Member Decision: (1) Application for an extension of time to appeal is refused. (2) Appeal is dismissed. (3) Appellant's costs application is refused. Catchwords: APPEAL – Civil and Administrative Tribunal – Appeal by landlord against order that he pay tenant $1,825.29 in overpaid rent - Appeal lodged out of time – Where delay short but prospects of success minimal – Extension of time refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 41, 60, 62, 80, Sch 4 cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Residential Tenancies Act 2010 (NSW), s 47 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Nanschild v Pratt [2011] NSWCA 85 Texts Cited: None cited Category: Principal judgment Parties: Gregory Tymoc (Appellant) Przemyslaw Zylinski (Respondent) Representation: S Lindsell (agent for Appellant) P Zylinski (Respondent in person) File Number(s): 2020/00371102 (AP 20/43741) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 30 September 2020 Before: S Bliim, General Member File Number(s): RT 20/25639