Bratby v Blain [2014] NSWCATAP 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bratby v Blain [2014] NSWCATAP 28 Hearing dates: Heard on the papers Decision date: 10 June 2014 Before: N Hennessy LCM, Deputy President S Westgarth, Deputy President Decision: (1)The Appellant's application for leave to appeal against two interlocutory decisions of the Tribunal is refused. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - practice and procedure - appeal from interlocutory decision requiring leave to appeal - principles for granting leave - whether decision more than arguably wrong - importance of finality and proportionality - public interest and injustice Legislation Cited: Civil Procedure Act 2005 (NSW) Consumer Trader and Tenancy Tribunal Act 2001(NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Cases Cited: Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Zelden v Sewell [2011] NSWCA 56 Category: Principal judgment Parties: Craig Bratby (appellant) Virginia Blain (respondent) Representation: Appellant (self-represented) Respondent (self-represented) File Number(s): 14/0009 Decision under appeal Citation: Not reported Date of Decision: 2014-01-30 00:00:00 Before: K Rickards, General Member File Number(s): RT 13/35972

reasons for decision

Introduction 1The Appellant, Mr Bratby, is aggrieved because he says that the Consumer and Commercial Division of the Civil and Administrative Tribunal (NCAT) did not accept two claims that he made against the Respondent who was his landlord. The Tribunal dismissed those claims in January 2014 because Mr Bratby had lodged them outside the prescribed time period. Mr Bratby says that the Tribunal should have accepted the claims because in September 2013 a Member of NCAT's predecessor, the Consumer Trader and Tenancy Tribunal, had accepted them. 2We have decided not to give Mr Bratby permission to appeal against the Tribunal's January 2014 decision. The reasons are that the appeal lacks merit, the interests in the finality of decision making outweigh any potential injustice and there is no issue of general or public importance involved. 3This appeal is being determined without a hearing because a hearing is not required in proceedings for the granting of leave for an internal appeal: Civil and Administrative Tribunal Act 2014 (NSW) (NCAT Act), s 50(1)(a).