Ottaviano v Indorato [2020] NSWCATAP 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ottaviano v Indorato [2020] NSWCATAP 22 Hearing dates: 31 October 2019 and 9 December 2019 Date of orders: 19 February 2020 Decision date: 19 February 2020 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member Dr J Lucy, Senior Member Decision: (1) Application for an extension of time to lodge the appeal is refused. (2) The appeal is dismissed. Catchwords: APPEALS- extension of time for appeal – long delay – change of mind in decision to appeal – unsatisfactory explanation for the delay- inconsistency in one aspect of Tribunal's reasons – otherwise no clear error of fact or law – appellant's case did not have more substantial merit than merely being fairly arguable Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Indorato v Ottaviano t/as Transbuild Construction [2019] NSWCATAP 115 Indorato v Ottaviano t/as Transbuild Construction [2019] NSWCATAP 156 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Tomko v Palasty (No 2) (2007) 71 NSWLR 61 Category: Principal judgment Parties: Mario Ottaviano (Appellant) Nerina Indorato (Respondent) Representation: Applicant (Self Represented) Respondent (Self Represented) File Number(s): AP 19/40978 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 22 January 2019 Before: T Simon, Senior Member File Number(s): HB 16/35086