Day v Bari [2015] NSWCATAP 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Day v Bari [2015] NSWCATAP 15 Hearing dates: Appeal determined on the papers Decision date: 12 February 2015 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member R Titterton, Principal Member Decision: Extension of time in which to commence the appeal refused Appeal dismissed Catchwords: Appeal – Civil and Administrative Tribunal (NSW) Extension of time – principles ‒ no evidence to support explanation for delay or basis for fairly arguable case Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: Not applicable Category: Principal judgment Parties: Alan Day and Connie Day (Appellant) Abdul Bari (Respondent) Representation: Counsel: Not applicable Solicitors: Not applicable File Number(s): AP 14/47959 Publication restriction: Not applicable Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 22 July 2014 Before: K Ross, Member File Number(s): RT 14/14589

REASONS FOR DECISION

Introduction 1. In this matter the appellants, Mr Alan Day and Mrs Connie Day, seek to appeal from a decision of the Consumer and Commercial Division of the Tribunal (the CCD) of 22 July 2014. 2. Mr and Mrs Day were the tenants of residential premises at New Lambton. On 22 July 2014 the CCD ordered them to pay the respondent, Mr Abdul Bari, $7,337.00, which was stated to comprise rent for the period 7 January 2014 to 29 January 2014 and compensation for damage to the premises. The amount was to be paid on or before 5 August 2014. Mr and Mrs Day did not attend the hearing and the proceedings were determined in their absence. 3. Mr and Mrs Day did not pay the amount ordered and on 4 September 2014 Mr Bari obtained a garnishee order for the debt from the Local Court of NSW. He has been unable to effect the garnishee order. 4. Mr and Mrs Day filed a notice of appeal on 23 September 2014. 5. This is a matter where Mr and Mrs Day require an extension of time in which to lodge their notice of appeal. For the reasons appearing below we consider that the application for an extension of time should be refused, and the appeal otherwise dismissed.