Mae v Warner [2021] NSWCATAP 306

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mae v Warner [2021] NSWCATAP 306 Hearing dates: 28 September 2021 Date of orders: 06 October 2021 Decision date: 06 October 2021 Jurisdiction: Appeal Panel Before: R Titterton, Senior Member S Goodman SC, Senior Member Decision: 1. The application for an extension of time to appeal is refused. 2. The application for leave to appeal is refused. 3.The appeal is otherwise dismissed. Catchwords: APPEALS – application for an extension of time in which to file notice of appeal – whether a failure to afford procedural fairness whether leave to appeal should be granted - whether the Tribunal's decision was fair and equitable – whether decision was against the weight of the evidence -– no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 41, 80; cl 12 of Sch 4 Residential Tenancies Act 2010 (NSW), ss 115, 226; Pt 9 of Sch 2 Cases Cited: Café Great Pty Ltd v Oh [2019] NSWCATAP 203 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Pholi v Wearne [2014] NSWCATAP 78 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Category: Principal judgment Parties: Garnett Alexander Mae (First Appellant) Scott Herford (Second Appellant) Joanna Levis (Third Appellant)

William Warner (Respondent) Representation: Mr G Mae (self-represented and on behalf of the Second and Third Appellants) Ms E Georgiakakis – agent for the Respondent File Number(s): 2021/ 00207865 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 30 June 2021 Before: G Bassett, Member File Number(s): RT 21/25120