Valencia v Blue Haven Pools South Pty Ltd [2018] NSWCATAP 274

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Valencia v Blue Haven Pools South Pty Ltd [2018] NSWCATAP 274 Hearing dates: 23 October 2018 Date of orders: 22 November 2018 Decision date: 22 November 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Kearney, Senior Member Decision: (1) The application to extend time for the filing of the Notice of Appeal is refused. (2) The appeal is otherwise dismissed. Catchwords: PRACTICE AND PROCEDURE – time to appeal – extension of time application – refused – no adequate explanation and no reasonable prospects of success. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Brewarrina Shire Council v Beckhaus Civil Pty Ltd & 1 Or [2005] NSWCA 248 Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: Nil Category: Principal judgment Parties: Ruben Valencia (First Appellant) Gloria Valencia (Second Appellant) Blue Haven Pools South Pty Ltd (Respondent) Representation: Solicitors: R Valencia, In person for (Appellants) Somerville Legal (Respondent) File Number(s): AP 18/33031 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 19 February 2018 Before: C Paull, Senior Member File Number(s): HB 17/44563