Levenah v McGrath t/as Tamaruke [2022] NSWCATAP 243

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Levenah v McGrath t/as Tamaruke [2022] NSWCATAP 243 Hearing dates: 12 July 2022 Date of orders: 22 July 2022 Decision date: 22 July 2022 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member G Ellis SC, Senior Member Decision: 1. The application to extend of time the time for filing the Notice of Appeal to 14 April 2022 is refused. 2. The appeal is otherwise dismissed. Catchwords: APPEAL – Whether to grant extension of time – decision against the weight of the evidence – decision not fair and equitable – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – s 80; cl 12 of Sch 4 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) CLR 175; [2009] HCA 27Collins v Urban [2014] NSWCATAP 17 Di Salvo v Leung [2014] NSWCATAP 44 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Temple v AMR Motors Ply Limited [2017) NSWCATAP 221 Texts Cited: Nil Category: Principal judgment Parties: Mandi Levanah (Appellant) Charlotte McGrath t/as Tamaruke (Respondent) Representation: Solicitors: Appellant (Self-represented) Sparke Helmore Lawyers (Respondent) File Number(s): 2022/00112546 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2021] NSWCATCD Date of Decision: 01 September 2021 Before: J Drennan, General Member File Number(s): GEN 21/21349