QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Russo v Prince Realty [2019] QCATA 83
PARTIES:
MELISSA RUSSO
(applicant)v PRINCE REALTY
(respondent)
APPLICATION NO:
APL295-18
ORIGINATING APPLICATION NO/S:
MCDT214/16 Holland Park
MATTER TYPE:
Appeals
DELIVERED ON:
6 June 2019
HEARING DATE:
5 June 2019
HEARD AT:
Brisbane
DECISION OF:
Dr J R Forbes, Member
ORDERS:
1 The application for extension of time is dismissed.
2 No order as to costs.
CATCHWORDS:
APPEAL – LEAVE TO APPEAL – PROCEDURE – TIME, EXTENSION AND ABRIDGMENT – MINOR CIVIL DISPUTE - where two years delay in filing application for leave to appeal - whether grounds to extend time – where extension refused
Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 3, 4, 32, 61, 102, 143
Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 at 217; [2009] HCA 27
Cachia v Hanes (1994) 179 CLR 403; [1994] HCA 14
Campbell v Flucker [2010] QCATA 70Coulton v Holcombe (1986) 162 CLR 1
Herrington v McHugh [2011] QCATA 288
Pappas v Meikeljohn’s Accountants [2017] QCATA 60
Payne v APN News & Media [2016] QCATA 140
Penney v Clarke [2016] QCATA 121
Reeve v Hamlyn [2015] QCATA 133
Robinson v Corr [2011] QCATA 302
The Pot Man Pty Ltd v Reaoch [2011] QCATA 318
Uren v Harcourts Broadbeach Waters [2018] QCATA 9
Von Reisner v Commonwealth of Australia (No 2) (2009) 262 ALR 430; [2009] FCAFC 172APPEARANCES & REPRESENTATION:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
REASONS FOR DECISION
It is a truth universally acknowledged that litigants of a certain disposition tend to transmute a simple matter into a procedural morass of ever more voluminous documentation. After an initial burst of activity the matter may long lie fallow, only to be reagitated to the prejudice of a party and to the efficient administration of justice.
On or about 7 June 2015 the parties entered into a residential tenancy agreement relating to premises at McGregor, Brisbane.
Subsequently, as it appears, the applicant (`Russo’) – lawfully or otherwise - sublet parts of the premises to persons described as students. This not be pursued.
It was a term of the agreement that the respondent Prince Realty might sue or be sued, on behalf of the owner of the subject premises, in relation thereto.[1]
[1]Clause 43.
On 13 September 2016 the tribunal ordered the applicant (‘Russo’) to pay Prince Realty the sum of $4,686.95 for arrears of rent and compensation.
On 8 November 2018 Russo filed the present application for leave to appeal against that decision, and an application for extension of time to appeal.
Should time be extended?
The normal time limit for an application for leave to appeal is 28 days[2] after the `relevant day’, as defined in section 143(5). It follows that the application for leave is approximately two years and two months out of time. However, Russo now asks the…
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- AGLC
- Russo v Prince Realty [2019] QCATA 83
- Case
- [2019] QCATA 83
- Decision Date
CaseChat Overview and Summary
The court examined the reasons for the delay and whether they amounted to exceptional circumstances that warranted an extension. The court noted that the delay was significant, and the applicant had not provided a satisfactory explanation for the delay. The court held that the delay was not due to exceptional circumstances and, therefore, there were no grounds to extend the time limit. The court also found that the delay had caused inconvenience to the respondent and that the application for an extension of time should be dismissed.
In summary, the Federal Circuit Court of Australia dismissed the application for an extension of time to file an application for leave to appeal. The court found that the delay was not due to exceptional circumstances and, therefore, there were no grounds to extend the time limit. The court did not make any order as to costs. The decision serves as a reminder to litigants to ensure that they comply with the time limits for filing applications and appeals, and that any delay must be justified by exceptional circumstances.
Orders
Orders of the court
1 The application for extension of time is dismissed.
2 No order as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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