Redmyre Group Pty Ltd v Stockman [2023] NSWCATAP 305

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Redmyre Group Pty Ltd v Stockman [2023] NSWCATAP 305 Hearing dates: 6 November 2023 Date of orders: 14 November 2023 Decision date: 14 November 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member D Fairlie, Senior Member Decision: 1. The application of the appellant to extend the time to file the notice of appeal to 1 September 2023 is dismissed. 2. The appeal is otherwise dismissed. 3. There is no order as to the costs of the appeal. 4. If any party wishes to make an application to vary order 3 above, the applicant (the costs applicant) is to file and serve a costs application, including submissions limited to three pages and any evidence in support, on or before 14 days from the date of this decision. 5. The respondent to the costs application is to file and serve any submissions limited to three pages and any evidence in reply on or before 28 days from the date of this decision. 6. The costs applicant is to file any submissions limited to two pages in reply on or before 35 days from the date of this decision. 7. The parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. If a hearing is not dispensed with, the parties will be advised of a date for the hearing of the application. Catchwords: APPEALS — Appeal on question of law – Scope of question of law - Allegations of constructive failure to exercise jurisdiction APPEALS — Procedure — Time limits — Extension of time – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 5, 28, 29, 32, 41, 80 Civil and Administrative Tribunal Rules 2014, r 25 Uniform Civil Procedure Rules 2005 (NSW), r 51 Cases Cited: Alexandria Landfill Pty Ltd v Transport for NSW (2020) 103 NSWLR 479; [2020] NSWCA 165 Australian Securities and Investments Commission v Hellicar (2012) 247 CLR 345; [2012] HCA 17 Cao v Lavish Construction and Developments Pty Ltd [2022] NSWCATAP 391 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 EFQ (a pseudonym) v Medical Council of New South Wales [2021] NSWCA 167 Florida Kitchens Pty Ltd v No 1 Cutting Service Pty Ltd [2018] NSWCATAP 281 Gallo v Dawson [1990] HCA 30; (1990) 64 ALJR 458 Jackamarra v Krakouer (1998) 195 CLR 516; [1998] HCA 27 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 JPQS P/L v Cosmarnan Constructions P/L & 3 Ors [2003] NSWCA 66 Manly Council v Byrne and Anor [2004] NSWCA 123 Morley & Ors v Australian Securities and Investments Commission [2010] NSWCA 331; (2010) 247 FLR 140 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Wang v Yu [2023] NSWSC 1182 Texts Cited: None cited Category: Principal judgment Parties: Redmyre Group Pty Ltd (Appellant) Andrew Stockman and Hieu-Duc Stockman (Respondents) Representation: Counsel: S Robertson and J Nathan (Appellant) T Lynch SC and A Sivanathan (Respondents)