Johanna v Kovacic [2021] NSWCATAP 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Johanna v Kovacic [2021] NSWCATAP 47 Hearing dates: 23 February 2021 Date of orders: 3 March 2021 Decision date: 03 March 2021 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President A Lo Surdo, SC, Senior Member Decision: The application for leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: PRACTICE AND PROCEDURE – Dismissal for want of prosecution – Leave to appeal an interlocutory decision – No prospects of success Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Dividing Fences Act 1991(NSW) Cases Cited: Bousgas v H.D. Constructions (Aust) Pty Ltd [2017] NSWCATAP 122 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 House v The King [1936] HCA40; [1936] 55 CLR 499 Larney v Johannson [2013] NSWCA 409 Purcell v Chadwick [2018] NSWCATAP 50 Texts Cited: Nil Category: Principal judgment Parties: Evelyn Johanna (Appellant) Rajko Kovacic (First Respondent) Angela Kovacic (Second Respondent) Representation: Solicitors: Appellant (Self-Represented) Respondents (Self-Represented) File Number(s): AP 20/49620 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 23 November 2020 Before: S Hennings, General Member File Number(s): COM 20/18135