Shelton v Phoo [2015] NSWCATAP 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shelton v Phoo [2015] NSWCATAP 120 Hearing dates: 11 March 2015 Date of orders: 24 June 2015 Decision date: 24 June 2015 Jurisdiction: Appeal Panel Before: L Robberds QC, Senior Member S Thode, Senior Member Decision: 1. the application for an extension of time to file a notice of appeal made on 14 August 2014, is dismissed. 2. the appeal dismissed Catchwords: Consent orders following agreement reached at conciliation meeting – agreement alleged to be as a result of duress – application to extend time to file notice of appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2014, section 41 – Residential Tenancies Act 2011 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22; Stollznow v Calvert [1980] 2 NSWLR 749 at 753F; Deputy Commissioner of Taxation v Chamberlain (1990) 26 FCR 221 at 230; Harvey v Phillips 95 CLR 235 at 243/4; The King v War Pensions Entitlement Appeal Tribunal; ex parte Bott 50 CLR 228 at 249; Re Minister for Immigration and Multicultural Affairs; ex parte MIAH 206 CLR 57 at [213]; Kesarmal S/0 Letchman DAS v N.K.V. Valliappa Chettiar S/0Nagappa Chettiar [1954] 1 WLR 380 at 381; Universe Tankships Inc of Monrovia v International Transport Workers Federation [1983] 1 AC 366 Category: Principal judgment Parties: James Shelton and Lynne Shelton (Appellants) Johnathon Dean Phoo (Respondent) Representation: Solicitors: M Campbell (Appellants) Safi-Westendorf (Respondent) File Number(s): AP15/04050 Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Commercial and Consumer Division Date of Decision: 14 August 2014 Before: D Moss File Number(s): RT 14/26468