El Howot v Moss [2018] NSWCATAP 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: El Howot v Moss [2018] NSWCATAP 173 Hearing dates: 30 May 2018 Date of orders: 18 July 2018 Decision date: 18 July 2018 Jurisdiction: Appeal Panel Before: R L Hamilton S.C., Senior Member S Thode, Senior Member Decision: (1) The extension of time to lodge the appeal under sec 41 Civil and Administrative Tribunal Act 2013 is refused.

(2) The Appeal is dismissed.

(3) The Application to set aside or vary the decision of the Tribunal is dismissed.

(4) The Appellant to pay the Respondent's cost of the appeal on the ordinary basis. Catchwords: APPEAL- extension of time-inadequate explanation of delay- weak prospects and lack of substantive merit- additional considerations taken into account in applications for leave to appeal from decisions of the Consumer and Commercial Division-COSTS- special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Rules 2014 Corporations Act 2001 (Cwth) Home Building Act 1989 (NSW) Cases Cited: Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 KB 223 Collins v Urban [2014] NSWCATAP 17 Cripps v G & M Dawson [2006] NSWCA 81 Gaynor v Burns [2015] NSWCATAP 150 Jackson v NSW Housing Corporation [2014] NSWCATAP 22 White v Baycorp Advantage Business Information Services Ltd (2006) 24 ACLC 969 Category: Principal judgment Parties: Redwan El Howot (Appellant) Jamie Moss (Respondent) Representation: Counsel: Mr Teoh (Appellant)