Campbell v Blackshaw

[2019] ACTCA 1

ACT Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › From tribunal decision
4. › Extension of time to appeal
5. › Factors relevant to grant of extension
6. › Whether delay adequately explained
7. › Whether arguable merit in proposed grounds
8. › ACT Civil and Administrative Tribunal Act 2008 (ACT), s 86
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary decision
4. › House v The King principles
5. › Whether error in exercise of discretion demonstrated
6. › Whether appellant merely sought to re-agitate matters decided below
1. Practice and Procedure
2. › Tribunals
3. › Jurisdiction of ACAT
4. › Whether ACAT has power to grant injunctive relief in nuisance applications
5. › Relationship between ss 18 and 22 of ACT Civil and Administrative Tribunal Act 2008 (ACT)
6. › Magistrates Court Act 1930 (ACT), s 260
1. Practice and Procedure
2. › Tribunals
3. › Jurisdiction of ACAT
4. › Common boundary disputes
5. › Whether ACAT has power to determine fence line in repair determination
6. › Common Boundaries Act 1981 (ACT), ss 10, 11

Quick Take

An appeal from a discretionary refusal of leave to appeal out of time requires demonstration of House v The King error; merely re-agitating the same arguments put to the primary judge is insufficient. The case also illustrates that failure to raise issues at first instance or on appeal below weighs heavily against a grant of leave.