Kelly v A and A Worm Farm Waste Systems Pty Ltd [2024] NSWCATAP 237

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kelly v A and A Worm Farm Waste Systems Pty Ltd [2024] NSWCATAP 237 Hearing dates: 6 November 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Appeal Panel Before: D Ziegler, Senior Member J Connelly, Senior Member Decision: (1) The application for an extension of time in which to file the appeal is refused. (2) The appeal is dismissed. Catchwords: APPEAL – application for extension of time in which to file the appeal – significant delay – no satisfactory explanation for the delay – whether Tribunal has power to make conditional order involving a third party – appeal lacking in merit – application for extension of time refused. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Asia Pacific Glass Pty Ltd v Sindea Trading K Pty Ltd (No 2) (2003) 47 ASCR 737; [2003] NSWSC 845 El Ali v Antoniou [2019] NSWCATAP 88 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 347 ALR 405 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Texts Cited: Macquarie Dictionary (Pan Macmillan Australia, 2024) Oxford Dictionary of English Grammar (2 ed) (Oxford University Press, 2022) Category: Principal judgment Parties: Gordon Kelly (Appellant) A and A Worm Farm Waste Systems Pty Ltd (Respondent) Representation: Counsel: A Crossland (Appellant)