Campbell v Blackshaw

This matter concerned an appeal to the Supreme Court of the Australian Capital Territory against a decision of the ACT Civil and Administrative Tribunal (ACAT) which had refused to grant leave to appeal. The underlying dispute involved a common boundary issue between neighbours, specifically concerning nuisance caused by trees. The appellants sought an extension of time to file their appeal against the ACAT's refusal to grant leave.

The primary legal issues before the Supreme Court were whether to grant an extension of time for the appellants to seek leave to appeal the ACAT's decision, and if so, whether to grant leave to appeal itself. The court was required to consider the appellants' reasons for the delay in filing their application and the merits of the proposed grounds of appeal against the ACAT's decision.

The Court determined that the appellants had failed to provide a proper explanation for their significant delay in seeking an extension of time. Furthermore, the Court found that the proposed grounds of appeal lacked sufficient merit to warrant granting leave. Consequently, the Court concluded that an extension of time should not be granted, and therefore, leave to appeal was refused.

Each appeal was dismissed.