Krown Living Pty Ltd v Lando

Krown Living Pty Ltd, an appellant, sought leave to appeal out of time against a decision made by Lando, the respondent, which was a Tribunal. The appeal pertained to a dispute regarding the enforcement of a security interest in relation to a property transaction. The legal issues the court was required to decide included whether the Tribunal had the authority to grant leave to appeal out of time, and if the appellant had demonstrated any arguable grounds of appeal or a miscarriage of justice.

The court considered the principles governing applications for leave to appeal out of time, emphasising the importance of finality, respect for time limits, and the potential prejudice to the other party. The court noted that the appellant had not produced any material to support the original application and had failed to identify any arguable questions of fact or law. Additionally, no arguable grounds of appeal were identified, and the appellant did not demonstrate a miscarriage of justice. The court concluded that the appellant had not met the necessary criteria for leave to appeal out of time, and the application was refused.

The Tribunal ordered that the application for leave to appeal out of time was dismissed. This decision highlights the importance of adhering to time limits in legal proceedings and the stringent requirements for obtaining leave to appeal out of time.