The Owners Corporation SP 65872 v Salsano [2014] NSWCATAP 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners Corporation SP 65872 v Salsano [2014] NSWCATAP 119 Hearing dates: Appeal determined on the papers Decision date: 23 December 2014 Jurisdiction: Appeal Panel Before: P Wass SC, Senior MemberR Titterton, Principal Member Decision: Leave to bring application out of time refused Appeal dismissed Catchwords: Appeal - Civil and Administrative Tribunal (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Cases Cited: Brookfield v Owners Corporation Strata Plan 61288 [2014] HCA 36Habib v State of New South Wales (NSW Police Force) [2014] NSWCATAP 70 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Category: Principal judgment Parties: The Owners Corporation SP 65872 v Salsano (Appellant)Enzo Salsano (Respondent) Representation: Vardenga Roberts (Appellant)Hahm Lawyers (Respondent) File Number(s): AP 14/46473 Publication restriction: Nil Decision under appeal Jurisdiction: 150003 Date of Decision: 2013-01-29 00:00:00 Before: C Paull File Number(s): HB 08/19722

reasons for DECISION Introduction 1In this matter the appellant seeks to appeal from the decision of 29 January 2013 of a member sitting in the Home Building Division of the then Consumer Trader and Tenancy Tribunal of NSW (the Tribunal). 2The Tribunal dismissed the application of the appellant (there the applicant) against the respondent because there had been no appearance of either party, and no satisfactory explanation for such non-attendance had been given. 3This is a matter in which the appellant requires an extension of time in which to file the appeal. For the reasons given below, we consider that the application for the extension of time should be refused, and the appeal dismissed.