Asia Invest Enterprises Pty Ltd v Bircan [2019] NSWCATAP 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Asia Invest Enterprises Pty Ltd v Bircan [2019] NSWCATAP 160 Hearing dates: 15 March 2019 Date of orders: 02 July 2019 Decision date: 02 July 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member S Frost, Senior Member Decision: 1.The application for an extension of time for the filing of the Notice of Appeal is refused. 2.The appeal is dismissed. 3. Any party may file written submissions within 14 days seeking an order in relation to the costs of the appeal. 4. If a party files submissions in accordance with order 3, any other party may file submissions in response within a further 14 days. 5. Any submissions filed in accordance with orders 3 and 4 should address whether the question of costs may be determined on the papers and without a hearing pursuant to s50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: APPEAL – Application for extension of time to lodge appeal – Length of delay – Reasons for delay – Prejudice to respondents - Prospects of success Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 Cases Cited: Business and Professional Leasing Pty Ltd v Dannawi [2008] NSWSC 902 Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Pathways Psychology Institute Pty Ltd v RTO Experts Pty Ltd [2017] NSWCATAP 65 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Profitability Consulting Pty Ltd v Thorpe [2019] NSWCATAP 20 Safi v Heartland Motors Pty Ltd [2016] NSWCATAP 80 Shelton v Phoo [2015] NSWCATAP 120 Stollznow v Calvert [1980] 2 NSWLR 749 ZGW v ZGX [2018] NSWCATAP 297 Zhang v Tam [2019] NSWCATAP 32 Texts Cited: Nil Category: Principal judgment Parties: Asia Invest Enterprises Pty Ltd (Appellant) Zelal Bircan (First Respondent) Silver Chef Rental Pty Ltd (Second Respondent) Representation: Counsel: J Pearson (Appellant) C Bolger (Second Respondent)