Bowers v Nair [2021] NSWCATAP 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bowers v Nair [2021] NSWCATAP 39 Hearing dates: On the papers Date of orders: 22 February 2021 Decision date: 22 February 2021 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President Decision: (1) The application for leave to appeal the interlocutory decisions made 22 October 2020 is dismissed. (2) In respect of the proceedings at first instance, the following directions are made: (a) The applicants in each of applications RT 20/35192 (Bowers application) and RT 20/35629 (Karsai application) are to serve any further evidence on or before 13 March 2020. (b) The respondents in each of the Bowers application and the Karsai application are to file and serve any further evidence in reply on or before 27 March 2020. (c) The applicants in each of applications RT 20/35192 (Bowers application) and RT 20/35629 (Karsai application) are to file any further evidence in response by 2 April 2020. (d) Any summonses to be issued by either party are to be be filed within 5 days and returnable before the Tribunal on 5 March 2020. (e) All evidence from each party's witnesses must be in the form of a written signed statement, affidavit or statutory declaration and all witnesses must be available for cross examination. (f) All evidence provided by the parties, including documents and witness statements provided in accordance with these and earlier directions, must be placed in a folder and indexed and paginated (if this has not already occurred). The folder must include any documents proposed to be used for the purpose of cross-examination. Documents must be provided to the Tribunal in hard copy. (g) Not less than 5 days before the final hearing, each party must file and serve written outline of submissions setting out their contentions as to the claims made, the findings of fact which they will ask the Tribunal to make, and the orders which should be made in consequence thereof. The submission must be limited to 10 pages and must cross-reference relevant evidence. (h) Failure to comply with these directions may result in a party being prevented from relying on material provided late. (i) The proceedings are to be fixed for hearing on a date to be determined by the Registrar after 13 April 2020 for half a day. (j) Nothing in these directions prevents the Tribunal from amending or varying the directions. Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal interlocutory decision – directions made in connection with preparation for hearing and issue of summonses Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act, 2013 (NSW) Residential Tenancies Act, 2010 (NSW) Cases Cited: AON Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Texts Cited: None cited Category: Principal judgment Parties: James Bowers (Appellant) Mudra Nair (First Respondent) Oznairs Pty Ltd (Second Respondent) Friya Karai (Third respondent) Xerxes Phiroze Karai (Fourth Respondent) Representation: Appellant (Self represented) M Nair (Self Represented & as Agent) (Respondents) File Number(s): AP 20/46424 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of NSW Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 22 October 2020 Before: S Sutherland, Senior Member File Number(s): RT 20/35629