Barrack Point Holdings Pty Ltd v Jenkins [2021] NSWCATAP 312

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Barrack Point Holdings Pty Ltd v Jenkins [2021] NSWCATAP 312 Hearing dates: 28 September 2021 Date of orders: 28 September 2021 Decision date: 28 September 2021 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President J Currie, Senior Member Decision: (1) The hearing is adjourned to 17 November 2021 at 10:15 am for a half day. (2) On or before 26 October 2021 the respondent (Jenkins) is to file and serve any appeal in the nature of a cross appeal together with: (a) all evidence from the original proceedings (if not already provided) relied upon for the purpose of the appeal; and (b) submissions in support of the appeal. (3) On or before 9 November 2021 the appellant (Barack Point Holdings) is to file and serve any evidence and submissions in reply. (4) The respondent should immediately obtain any necessary legal advice and must ensure any further relevant evidence, together with his Notice of Appeal and submissions is filed by the date in order 2. (5) In the event the respondent fails to comply with order 2 by the due date, he may not rely on material provided late without leave of the Tribunal. (6) The respondent (Jenkins) is to pay the appellant $1760.00 being costs thrown away by reason of the adjournment, such costs to be paid on finalisation of the appeal. Catchwords: PRACTICE AND PROCEDURE – Application for adjournment – Relevant consideration Legislation Cited: Residential (Land Lease) Communities Act 2013 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Italiano v Carbone [2005] NSWCA 177 Armee v Brealea [2007] NSWCATAP 101 Texts Cited: Nil Category: Procedural rulings Parties: Barrack Point Holdings Pty Ltd (Appellant) Lee Jenkins (Respondent) Representation: Counsel: E Glover (Appellant) Respondent (In person)