Feary v Mallia [2015] NSWCATAP 283

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Feary v Mallia [2015] NSWCATAP 283 Hearing dates: On the papers Date of orders: 24 December 2015 Decision date: 24 December 2015 Jurisdiction: Appeal Panel Before: J L Redfern, Principal Member R C Titterton, Senior Member Decision: 1. The application to extend time to file the appeal is refused. 2. The appeal is otherwise dismissed Catchwords: APPEAL – Civil and Administrative Tribunal – application for an extension of time in which to file notice of appeal – significant delay – no explanation for delay – leave to appeal required – prospects of success weak – no question of principle or injustice – extension of time refused – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulations 2014 Dividing Fences Act 1991 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jones v Dempsey [2015] NSWCATAP 28 Loch v New South Wales Land and Housing Corporation [2014] NSWCATAP 110 Category: Procedural and other rulings Parties: Patrica Feary and Margaret Feary (Appellants) Lewis Mallia and Jane Mallia (Respondent) Representation: N/A File Number(s): AP 15/54746 Publication restriction: NIL Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 27 November 2014, 12 January 2015 Before: M Cohen, Member File Number(s): COM 14/48808