Mesiha v Murrell [2017] NSWCATAP 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mesiha v Murrell [2017] NSWCATAP 1 Hearing dates: 2 December 2016 Date of orders: 05 January 2017 Decision date: 05 January 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member The Hon B Tamberlin QC, Principal Member Decision: 1. Leave to amend the Notice of Appeal and to extend the time in which to appeal the decision in application RT 16/17801 refused.

2. Leave to appeal the decision in application RT 16/18589 refused and the appeal is otherwise dismissed. Catchwords: Application to extend time to adduce evidence- no absolute entitlement, discretion to extend time, relevant considerations. Leave to amend Notice of Appeal- Notice seeking to add appeal in respect of decision in separate proceedings, requirement for leave to extend time to appeal. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Residential Tenancies Act, 2010 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27, [2009] 239 CLR 175 Bechara v Bates (No 3) [2015] NSWSC 1588 Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCATAP 24 Cordon Investments Pty Limited v Lesdor Properties Pty Limited [2009] NSWSC 1370 House v The King [1936] HCA 40; (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: Nil Category: Principal judgment Parties: Maged Mesiha (Appellant) Jarrad Murrell and Vicki Hansen (Respondents) Representation: Appellant (in person) Mr B Bevan (Agent for Respondents) File Number(s): AP 16/38795 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 18 August 2016 Before: L Williams, General Member File Number(s): RT 16/18589 and RT 16/17801