Raffie v JIH Building Design Pty Ltd [2022] NSWSC 1533

Supreme Court New South Wales

Medium Neutral Citation: Raffie v JIH Building Design Pty Ltd [2022] NSWSC 1533 Hearing dates: 9 November 2022 Decision date: 10 November 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse leave to appeal. (2) Order the plaintiff to pay the defendant's costs of the proceedings. Catchwords: APPEALS — Leave to appeal — appeal from NCAT refusing extension of time — whether breach of procedural fairness — where no explanation for delay in filing — leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 41, 83 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Fair Trading Act 1987 (NSW), s 79E Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: JIH Building Design Pty Ltd & Anor v Raffie [2021] NSWCATAP 32 Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 Category: Principal judgment Parties: Abiedah Raffie (Plaintiff) JIH Building Design Pty Ltd (Defendant) Representation: Counsel: Self-represented (Plaintiff) M Isaac (Defendant)

Solicitors: N/A (Plaintiff) Willis & Bowring (Defendant) File Number(s): 2021/113433 Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Appeal Panel Citation: JIH Building Design Pty Ltd & Anor v Raffie [2021] NSWCATAP 32 Date of Decision: 17 February 2021 Before: S Westgarth, Deputy President P H Molony, Senior Member File Number(s): AP20/45460 and AP21/02500