Impala Kitchens Pty Ltd v Yunaev [2021] NSWCATAP 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Impala Kitchens Pty Ltd v Yunaev [2021] NSWCATAP 146 Hearing dates: 26 October 2020 Date of orders: 24 May 2021 Decision date: 24 May 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member G K Burton SC, Senior Member Decision: 1. Time for filing the notice of appeal is extended to and including 6 January 2020. 2. Leave to appeal is refused. 3. The appeal is dismissed. 4. Impala Kitchens Pty Ltd is to pay the costs of Mr and Mrs Yunaev of the appeal proceedings on the ordinary basis as agreed or assessed. 5. If either party seeks a different costs order, order 4 above ceases to have effect and the following orders apply: a. The party seeking a different costs order is to file and serve the application for a different costs order and evidence and submissions in support of the application not later than 14 days from the date of these orders. b. The other party is to file and serve any evidence and submissions in response to the costs application within 28 days of the date of the date of these orders. c. Any material in reply is to be filed and served within 35 days of the date of these orders. d Submissions are not to exceed five pages in length. e. All evidence and submissions are to be provided in hard copy. f. Subject to the parties' submissions on this point, the application for a different costs order will be determined without a hearing, on the basis of the written material provided. Catchwords: HOME BUILDING - effect of agreement during earlier proceedings and withdrawal of earlier proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW), Home Building Act 1989 (NSW) s 48I Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Collins v Urban [2014] NSWCATAP 17 Johnson t/as One Tree Constructions v Lukeman [2017] NSWCATAP 45 Knox v Bollen [2018] NSWCATAP 106 Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Palme (2003) 216 CLR 212 NSW Land and Housing Corp v Orr (2019) 100 NSWLR 578 Oppidan Homes PL v Yang [2017] NSWCATAP 67 Pholi v Wearne [2014] NSWCATAP 78 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Soulemezis v Dudley (Holdings) PL (1987) 10 NSWLR 247 (CA) Wainohu v NSW (2011) 243 CLR 181 Texts Cited: None cited Category: Principal judgment Parties: Impala Kitchens PL (Appellant) Anatoly Yunaev (First Respondent) Lidia Yunaev (Second Respondent) Representation: P Mallia (Director) (Appellant) First Respondent (Self-Represented) A Yuneav (Second Respondent) File Number(s): 2020/00370571 (AP 20/00949) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal NSW Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 27 November 2019 Before: P Boyce, Senior Member