Gani v Maiolo [2013] NSWCA 107

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gani v Maiolo [2013] NSWCA 107 Hearing dates: 2 May 2013 Decision date: 02 May 2013 Before: Basten JA at [1]; Meagher JA at [2] Decision: 1. Dismiss the application for leave to appeal from the judgment of Hall J of 27 November 2012. 2. Order the applicant to pay the respondents' costs of the proceedings in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - application for leave to appeal from decision in Common Law Division dismissing an appeal from decision of Appeal Panel of Administrative Decisions Tribunal - underlying dispute as to commencement date of lease and for payment of first rental instalment - primary judge held no error of law on part of Appeal Panel in upholding Tribunal's decision - no arguable error by primary judge on any question of law - application for leave to appeal dismissed Legislation Cited: Administrative Decisions Tribunal Act 1997, ss 113, 119 Retail Leases Act 1994, s 17 Supreme Court Act 1970, ss 48, 51, 101 Cases Cited: Gani v Maiolo (RLD) [2012] NSWADTAP 10 Gani v Maiolo [2011] NSWADT 219 Gani v Maiolo [2012] NSWSC 1417 Category: Principal judgment Parties: Mohammed Nurul Gani (Applicant) Raffaele Maiolo (First Respondent) Maria Maiolo (Second Respondent) Representation: Counsel: In person (Applicant) M Tibbey (First and Second Respondents) File Number(s): 2012/380651 Decision under appeal Citation: Gani v Maiolo [2012] NSWSC 1417 Date of Decision: 2012-11-27 00:00:00 Before: Hall J File Number(s): 2012/214069