Thijeel v Liu [2021] NSWCATAP 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Thijeel v Liu [2021] NSWCATAP 185 Hearing dates: On the papers Date of orders: 24 June 2021 Decision date: 24 June 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President A Suthers, Principal Member Decision: (1) Leave to extend time to lodge the Notice of Appeal is refused. (2) Appeal dismissed Catchwords: APPEAL – out of time – leave required – no grounds to allow Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Gallo v Dawson (1990) HCA 30; 93 ALR 479 Kelly v Szatow [2020] NSWSC 407 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: Nil Category: Principal judgment Parties: Waleed Thijeel (Appellant) Jun Liu (Respondent) Representation: Appellant (Self-Represented) Respondent (Self-Represented) File Number(s): 2021/00077772 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 28 January 2021 Before: K Ruschen, Member File Number(s): Gen 20/42318

REASONS FOR DECISION

Summary 1. For the reasons set out below, we are of the opinion that this appeal is without merit. It was lodged significantly out of time and without regard to the issues the appellant needed to establish to succeed. 2. The appellant's attention was drawn to the potential deficiencies in the appeal at the initial call over conducted to assist the parties to address the real issues in the appeal. At that call over, the Appeal Panel directed that the issues of whether the appellant should be granted an extension of time to lodge the appeal or leave to appeal should be dealt with on the papers as a preliminary issue, and a hearing be dispensed with. Directions were made for the parties to address these issues first, to avoid them incurring further unnecessary cost and delay in resolving what is, ultimately, a relatively small claim which raises no issue of principle.