Dusanovski v Xiao [2015] NSWCATAP 254

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dusanovski v Xiao [2015] NSWCATAP 254 Hearing dates: 23 November 2015 Date of orders: 30 November 2015 Decision date: 30 November 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President T Simon, Senior Member Decision: 1. Application to lodge the appeal out of time is refused. 2. Appeal dismissed. Catchwords: APPEAL – out of time – reasonable explanation for delay but no prospects of success Legislation Cited: Civil and Administrative Tribunal Rules 2014, r 25(4)(b) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Texts Cited: Aronson, Dyer and Groves, Judicial Review of Administrative Action, (5th ed 2013 LawBook Co) at 397 Category: Principal judgment Parties: Douglas Dusanovski (First Appellant) Kate Dusanovski (Second Appellant) Ting Ting Xiao (First Respondent) Peng Li (Second Respondent Representation: First and Second Appellants (self-represented) M Smith, agent (Respondents) File Number(s): AP 15/45517 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 15 June 2015 Before: G Meadows, Senior Member File Number(s): RT 15/28169