Event and Time
Event Description
Abiedah Raffie (the plaintiff) sought leave to appeal against a decision by the Appeal Panel of the New South Wales Civil and Administrative Tribunal (NCAT) which refused her request for an extension of time to lodge a notice of cross-appeal regarding an earlier Tribunal decision. The original Tribunal decision mandated the defendant (JIH Building Design Pty Ltd) to pay the plaintiff a sum of $6,780.
Application and Claims
- Plaintiff's Claims: The plaintiff inadvertently filed her cross-appeal out of the stipulated 28-day period and sought an extension of time for it. Her claims in the cross-appeal included:
1. Full refund of $24,720 for an unprovided service. 2. Full refund of $11,534.43 for additional fees. 3. Reimbursement for court costs, lodgement fees, and others, amounting to substantial sums.
- Defendant's Argument: The defendant maintained that the plaintiff failed to demonstrate a valid reason for the delay in filing her cross-appeal and argued that the claims included in her cross-appeal were not raised in the original proceedings.
Judicial Decisions
On 17 February 2021, the Appeal Panel decided: 1. To refuse the plaintiff leave to appeal. 2. To order the plaintiff to pay the defendant's costs associated with the proceedings.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Position:
- Claimed a lack of clarity and understanding from the Tribunal’s communication regarding her right to appeal. - Was shocked by the defendant's appeal and felt misled about her rights. - Argued her reliance on guidance she received from the Tribunal's staff.
- Defendant's Position:
- Argued that the plaintiff's request for an extension lacked sufficient justification. - Pointed out that the cross-appeal included claims outside the original Tribunal proceedings. - Asserted that the plaintiff did not express her intention to appeal until extremely late.