Fahda v Ogungbeje [2024] NSWCATAP 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fahda v Ogungbeje [2024] NSWCATAP 19 Hearing dates: 31 January 2024 Date of orders: 14 February 2024 Decision date: 14 February 2024 Jurisdiction: Appeal Panel Before: D Charles, Senior Member Dr R Dubler SC, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. Catchwords: LEASES AND TENANCIES – application for reinstatement of matter following dismissal for non-appearance – application dismissed on the ground of failure to provide adequate reason for non-appearance and for application being filed out of time PRACTICE AND PROCEDURE – application for reinstatement under s 55(2) of the Civil and Administrative Tribunal Act 2013 (NSW) – Tribunal declined to extend time under s 41 of the Civil and Administrative Tribunal Act 2013 (NSW) APPEAL – whether the decision not to grant an extension of time under s 41 of the Civil and Administrative Tribunal Act 2013 (NSW) was in error – appeal dismissed as no error in refusing to grant extension of time was made out Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Commissioner of Police, NSW Police Force v Ireland [2024] NSWCATAP 1 Gallow v Dawson (1990) 93 ALR 479 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 House v The King (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Mendonca v Legal Services Commissioner [2020] NSWCA 84 National Companies & Securities Commission v News Corporation Ltd (1984) 156 CLR 296 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Simjanovska v Dogan [2023] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Aiman Fahda (Appellant) Omololu Kelvin Ogungbeje (Respondent) Representation: Appellant (self-represented) Respondent (self-represented) File Number(s): 2023/00430703 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 6 September 2023 Before: M Hung, General Member File Number(s): 2023/00403197 (RT 23/13946)