Merchant v Altitude Real Estate Pty Ltd [2022] NSWCATAP 393

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Merchant v Altitude Real Estate Pty Ltd [2022] NSWCATAP 393 Hearing dates: 22 November 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member D Robertson, Senior Member Decision: (1) Leave to extend time to lodge the Notice of Appeal is refused. Catchwords: APPEAL – lodged out of time – procedural unfairness demonstrated but appeal futile as claim bound to fail Legislation Cited: Australian Consumer Law NSW Civil Administrative Tribunal Act 2013 (NSW) Property and Stock Agents Act 2002 (NSW) Cases Cited: Badenach v Calvert [2016] HCA 18 Collins v Urban [2014] NSWCATAP 17 Gallo v Dawson [1990] HCA 30 Kelly v Szatow [2020] NSWSC 407 Ryan and BKB Motor Vehicle Repairs [2017] NSWCATAP 39 Secretary of Department of Family and Community Services v Smith [2017] NSWCA 206 Yuen v Thom [2016] NSWCATAP 243 Texts Cited: None cited Category: Principal judgment Parties: Rodney Merchant (Appellant) Altitude Real Estate Pty Ltd (Respondent) Representation: Appellant (Self-represented) J Sansom (Agent)(Respondent) File Number(s): 2022/00268502 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 05 August 2022 Before: S Hausfeld, General Member File Number(s): COM 22/22545