Robb v Yorbest Pty Ltd t/as Central Coast Flooring Xtra [2021] NSWCATAP 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robb v Yorbest Pty Ltd t/as Central Coast Flooring Xtra [2021] NSWCATAP 62 Hearing dates: 9 March 2021 Date of orders: 16 March 2021 Decision date: 16 March 2021 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member Dr J Lucy, Senior Member Decision: 1. The application for an extension of time in which to lodge the notice of appeal is refused. 2. The appeal is otherwise dismissed. 3. By consent, order (2) of the Tribunal of 30 March 2020 in proceedings GEN 20/01494 is set aside. Catchwords: CONSUMER CLAIM – application for an extension of time in which to bring an appeal – application refused – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Di Salvo v Leung [2014] NSWCATAP 44 Gallo v Dawson [1990] HCA 30, 93 ALR 479 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Nanschild v Pratt [2011] NSWCA 85 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: John Robb and Stacey Robb, Appellants Yorbest Pty Ltd t/as Central Coast Flooring Xtra, Respondent Representation: Appellants: John Robb Respondent: Tim Miller, Director File Number(s): 2020/00371247 (AP 20/52679) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 30 March 2020 Before: P Hunter, General Member File Number(s): GEN 20/01494