The Owners – Strata Plan No 3004 v Smith [2021] NSWCATAP 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 3004 v Smith [2021] NSWCATAP 141 Hearing dates: On the papers Date of orders: 18 May 2021 Decision date: 18 May 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member J Kearney, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) the Appeal Panel dispenses with a hearing of the appeal. (2) The application to extend time for the filing of the Notice of Appeal is refused. (3) The appeal is otherwise dismissed. Catchwords: PRACTICE AND PROCEDURE – time to appeal – extension of time for application – refused – no adequate explanation - whether reasonable prospects of success – relevance of extent of delay Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: Gibson v Drumm [2016] NSWCA 206, Jackson v New South Wales Land and Housing Corporation [2014] NSWCATAP 22 Ketteman V Hansel Properties Ltd (1987) 1 AC 189 Nanschild v Pratt [2011] NSWCA 85 The Owners Corporation Strata Plan No 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Vickery v The Owners – Strata Plan No 80412 [2020] NSWCA 284 Texts Cited: Nil Category: Principal judgment Parties: The Owners – Strata Plan No 3004 (Appellant) Ross Harold Smith (First Respondent) Jennifer Ann Smith (Second Respondent) Representation: Counsel: D Elliott (Appellant) T Davie (Respondent)