MPP Property Pty Ltd v Soliman Hospitality Pty Ltd [2021] NSWCATAP 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MPP Property Pty Ltd v Soliman Hospitality Pty Ltd [2021] NSWCATAP 90 Hearing dates: 22 March 2021 Date of orders: 12 April 2021 Decision date: 12 April 2021 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member M Gracie, Senior Member Decision: (1) The application of the appellant for an extension of time in which to file the notice of appeal in so far as it relates to the refusals of the Tribunal on 1 July, 2 July and 6 July to adjourn the proceedings is refused, and the appeal is accordingly dismissed. (2) The application to appeal the decisions of the Tribunal of 26 October 2020 and 27 January 2021 is refused, and the appeal is accordingly dismissed. Catchwords: APPEALS – application for an extension of time to file a notice of appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Avery v No.2 Public Service Appeal Board (1973) 2 NZLR 86Jess v Scott [1986] FCA 365; (1986) 12 FCR 187 Bale v Mills [2011] NSWCA 226 Burns v Grigg [1967] VicRp 113; (1967) VR 871 Bobolas v Waverley Council [2016] NSWCA 139 Di Salvo v Leung [2014] NSWCATAP 44 Flightdeck Geelong Pty Ltd v All Options Pty Ltd [2020] FCAFC138 Gallo v Dawson [1990] HCA 30 Harmony Stone Gallery Pty Ltd v Ajuria [2017] NSWCATAP 80 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jess v Scott [1986] FCA 365; (1986) 12 FCR 187 Hughes v. National Trustees Executors and Agency Co of Australasia Ltd [1978] VicRp 27; (1978) VR 257 Mitchelson v Mitchelson (1979) 24 ALR 522 Murphy v Trustees of Catholic Aged Care Sydney [2019] NSWCATAP 37 NAKX v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1559 Ratnam v Cumarasamy (1965) 1 WLR 8; (1964) 3 All ER 933 Vilenius v Heinegar (1962) 36 ALJR 200 at p 201; Texts Cited: Nil Category: Principal judgment Parties: MPP Property Pty Ltd (Appellant) Soliman Hospitality Pty Ltd (Respondent) Representation: Counsel: J P Nathan (Appellant)