Drivas v Burrows [2014] NSWCATAP 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Drivas v Burrows [2014] NSWCATAP 87 Hearing dates: Determined on the papers. Decision date: 18 November 2014 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member S Thode, Senior Member Decision: An extension of time to 13 April 2014 be granted for the lodging of the Notice of Appeal, if such extension be necessary. Leave to appeal on grounds 2, 3 and 4 of the Ground of Appeal be refused. Otherwise, the appeal be dismissed. Catchwords: APPEAL - Civil and Administrative Tribunal (NSW) - application for extension of time to lodge Notice of Appeal - interest of justice in granting extension - whether right to reject vehicle - whether decision unjust - whether correct party named - whether full refund appropriate - appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Australian Consumer Law Civil and Administrative Tribunal Act 2013 Cases Cited: Coulton v Holcombe (1986) 162 CLR 1 Hudson v Arp 1 (NSW) Pty Ltd [2014] NSWCATAP 31 Nesbit v Porter [2000] NZLR 465 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 Texts Cited: Halsbury's Laws of Australia Category: Principal judgment Parties: Drivas & Dellimanolis (Appellant) Burrows (Respondent) File Number(s): AP 14/46497 Publication restriction: None Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-07-09 00:00:00 Before: G Meadows, Senior Member File Number(s): MV 14/17223