Woodhouse v Thalis [2017] NSWSC 1725

Supreme Court New South Wales

Medium Neutral Citation: Woodhouse v Thalis [2017] NSWSC 1725 Hearing dates: 7 September 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Jurisdiction: Common Law Before: Bellew J Decision: (1) The application for an extension of time is refused.

(2) The proceedings are dismissed.

(3) The question of costs of the proceedings is reserved.

(4) Absent reaching any agreement as to costs, the parties are to file written submissions with my Associate by Friday 2 February 2018, such submissions not to exceed two pages in length. Catchwords: PRACTICE AND PROCEDURE – Appeal – Application for an extension of time in which to seek leave to appeal against a decision of the NSW Civil and Administrative Tribunal – Necessity to consider the merits of the proposed appeal – Where Tribunal dismissed the proceedings brought by the plaintiff following a long series of procedural defaults and failures to comply with orders – No error on the part of the Tribunal – No miscarriage of discretion – Where appeal had no prospects of success – Application for an extension of time refused – Proceedings dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AHB v NSW Trustee and Guardian [2014] NSWCA 40 Bobolas v Waverley Council (2016) 92 NSWLR 406; [2016] NSWCA 139 Woodhouse v Thalis [2017] NSWCATAD 260 Category: Principal judgment Parties: Andrew Lance Woodhouse – Plaintiff Philip Thalis – Defendant Representation: Counsel: In person – Plaintiff S Blanks (solicitor) – Defendant