Harmony Stone Gallery Pty Ltd v Ajuria [2017] NSWCATAP 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Harmony Stone Gallery Pty Ltd v Ajuria [2017] NSWCATAP 80 Hearing dates: 31 March 2017 Date of orders: 06 April 2017 Decision date: 06 April 2017 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member R Titterton, Senior Member Decision: 1. Time to appeal is extended up to and including 10 January 2017. 2. Leave to admit fresh evidence is refused. 3. Appeal dismissed. Catchwords: Application to extend the time for the filing of a notice of appeal – leave granted – no question of principle

Proceedings heard and determined in absence of appellant/respondent – where respondent sought adjournment on basis of illness – no medical evidence provided – no error by Tribunal in proceeding in respondent's absence Cases Cited: Bobolas v Waverley Council [2016] NSWCA 139 House v The King (1936) 55 CLR 499; HCA 40 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kostov v Zhang [2016] NSWCA 262 NAKX v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1559 Sali v SPC Ltd (1993) 67 ALJR 841; (1993) HCA 47 Squire v Rogers (1979) 39 FLR 106; [1979] FCA 95 Category: Principal judgment Parties: Harmony Stone Gallery Pty Ltd (Appellant) Lillian Ajuria (First Respondent) Aidan Kinsella (Second Respondent) Representation: V Nouri (Appellant) In Person (First and Second Respondent) File Number(s): AP 17/00693 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 30 November 2016 Before: C Campbell, General Member File Number(s): GEN 16/49337