Di Iorio v Norris

In the case of Di Iorio v Norris, the applicant sought an order of review of a decision made by the Small Claims Tribunal, which had ordered the applicant to pay half the cost of a fence and retaining wall. The primary judge dismissed the application for review, and the applicant subsequently filed an amended application for leave to appeal out of time and to adduce fresh evidence. The court was tasked with determining whether the applicant's appeal was within the appropriate time frame and if fresh evidence could be admitted.

The court examined whether the applicant's amended application, filed on 8 April 2010, should be treated as an application for an extension of time. Given that the time for appeal was 27 May 2009, the court needed to consider whether there was a reasonable explanation for the delay and if the applicant's assertion of a denial of natural justice provided sufficient grounds for an extension. Additionally, the court had to assess whether the fresh evidence, a survey report obtained after the tribunal's decision, should be admitted as it related to events that occurred before the tribunal's and primary judge's hearings.

The court concluded that the amended application was essentially an application for an extension of time, which should not be granted as the applicant failed to provide a reasonable explanation for the delay. The court also rejected the application for leave to adduce fresh evidence, finding that the survey report could have been obtained earlier and presented to the Small Claims Tribunal. The court ruled that the application for an extension of time and the application for leave to adduce fresh evidence were both refused.

The court ordered that the amended application dated 8 April 2010, regarding the order made in the Trial Division on 29 April 2009 dismissing the applicant's application for judicial review, was refused. Additionally, the application for leave to adduce fresh evidence filed on 5 May 2010 was also refused.