T & S Nominees Pty Ltd v Chief Commissioner of State Revenue [2017] NSWCATAP 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: T & S Nominees Pty Ltd v Chief Commissioner of State Revenue [2017] NSWCATAP 6 Hearing dates: 8 November 2016 Date of orders: 06 January 2017 Decision date: 06 January 2017 Jurisdiction: Appeal Panel Before: K P O'Connor, AM, ADCJ, Deputy President, Appeals J McAteer, Senior Member Decision: 1. Refuse extension of time for lodgment of the application to reinstate the appeal. 2. The applicant pay the respondent's costs of this proceeding, as agreed or assessed. Catchwords: PROCEDURE – Discretion to extend time – Application for reinstatement of an appeal made one day late – In the circumstances, extension of time refused. Civil and Administrative Tribunal Act 2013, s 41. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Aon Risk Services v Australian National University (2009) 239 CLR 175 Chen v Baxter [2014] NSWCATAP 50 Dey v. Victorian Railways Commissioners (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Gallo v Dawson [1990] HCA 30, 93 ALR 479 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Nanschild v Pratt [2011] NSWCA 85 Ratnam v. Cumarasamy (1965) 1 WLR 8; (1964) 3 All ER 933 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Category: Procedural and other rulings Parties: T & S Nominees Pty Ltd (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: J Haddad, agent (Applicant, by leave) C Ensor, counsel (Respondent) Solicitors: Crown Solicitor (Respondent) File Number(s): AP 16/37429 (AP 16/32589) Decision under appeal Court or tribunal: Not Applicable