Ashrafinia v Augerinos [2015] NSWCATAP 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ashrafinia v Augerinos [2015] NSWCATAP 200 Hearing dates: 25 August 2015 Date of orders: 21 September 2015 Decision date: 21 September 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J McAteer, Senior Member Decision: (1) the time for the appellant to file the notice of appeal is extended until 29 April 2015.

(2) the appellant is granted leave to appeal the decision of the Tribunal made 31 March 2015.

(3) the appeal is allowed in part.

(4) order 9 made by the Tribunal on 31 March 2015 is varied so as to provide that the sum for unpaid rent as at 31 March 2015 is $6601.28.

(5) the appeal is otherwise dismissed with no order as to costs. Catchwords: Leave to appeal out of time. No notice of hearing. Leave to appeal – denial of procedural fairness – miscarriage of justice. Legislation Cited: Civil and Administrative Tribunal Rules 2014 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulations 2013 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Collins v Urban [2014] NSWCATAP 17 AHB v NSW Trustee and Guardian [2014] NSWCA 40 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Texts Cited: Nil Category: Principal judgment Parties: Azadeh Ashrafinia (appellant) Kostas Augerinos (respondent) Representation: Appellant: In person