Green v Brown [2022] NSWCATAP 380

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Green v Brown [2022] NSWCATAP 380 Hearing dates: 23 September 2022 Date of orders: 9 December 2022 Decision date: 09 December 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member K Ransome, Senior Member Decision: (1) An extension of time to lodge the Notice of Appeal is refused. Catchwords: APPEAL – residential tenancy – failure to repair and consequent mould – appeal filed out of time - no legal error – no substantial miscarriage of justice – extension of time refused Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Gallo v Dawson (1990) HCA 30; 93 ALR 479 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Khan v Kang [2014] NSWCATAP 48 Hayashi & Vasile v Lu & Zhao RT 22/01091 21 March 2022 unreported House v The King (1936) 55 CLR 499 Pholi v Wearne [2014] NSWCATAP 78 Rizk v FA Constructions Australia Pty Ltd (No 2) [2016] NSWCA 203 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Category: Principal judgment Parties: Richard Green (Appellant) Bianca Brown (Respondent) Representation: G Chan (Agent) (Appellant) Respondent (Self-represented) File Number(s): 2022/00217573 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 20 June 2022 Before: A Lynch, General Member File Number(s): RT 22/13590