Duggal v Just Chrisy Superannuation Fund [2017] NSWCATAP 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Duggal v Just Chrisy Superannuation Fund [2017] NSWCATAP 82 Hearing dates: 31 March 2017 Date of orders: 13 April 2017 Decision date: 13 April 2017 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member R Titterton, Senior Member Decision: 1. The application to extend time to appeal from the decision of the Tribunal dated 8 December 2016 is refused. 2. The appeal from the decision of the Tribunal dated 18 January 2017 is dismissed. 3. The order for possession is suspended for 21 days from the date of these orders. Catchwords: Application to extend time in which to appeal – application refused – no question of principle

Appeal from a decision to refuse to set aside a decision made in the absence of the appellants – appeal dismissed – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 No 2 (NSW) Residential Tenancies Act 2010 (NSW) Civil and Administrative Tribunal Regulation 2013 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Wesiak v D & R Constructions (Aust) Pty Ltd [2016] NSWCA 353 Category: Principal judgment Parties: Nillo Duggal (Appellant) Manu Chandna (Appellant) Just Chrisy Superannuation Fund (Respondent) Representation: N Duggal (on behalf of both Appellants) C Vitale (Respondent) File Number(s): AP 17/02977 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 8 December 2016 and 18 January 2017 Before: C Xuereb, General Member,N Vrabac, Senior Member File Number(s): RT 16/50464 and RT 16/55361