Arjunan v Neighbourhood Association DP No 285853 [2021] NSWCATAP 357

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Arjunan v Neighbourhood Association DP No 285853 [2021] NSWCATAP 357 Hearing dates: 29 June 2021 Date of orders: 11 November 2021 Decision date: 11 November 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member R Titterton, Senior Member Decision: (1) Leave to extend time to lodge the Notice of Appeal is refused. (2) The respondent is to lodge submissions and evidence in support of its costs application with the Appeal Registry and give them to the appellants within 14 days of the publication of these orders; (3) Any submissions and evidence in response to the costs application are to be lodged with the Appeal Registry and given to the respondent within 14 days thereafter. (4) Submissions on the application for costs are not to exceed five pages in length. (5) The Appeal Panel may dispense with a hearing and determine any application for costs on the basis of the written submissions and evidence provided. If the parties oppose this course they should make submissions on this issue when complying with the directions as to their submissions on the substantive costs application. Catchwords: APPEAL – extension of time to appeal – prior appeal lodged and withdrawn in respect of the same decisions – appeal by other party concluded before appeal renewed Legislation Cited: Community Land Management Act 1989 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Collins v Urban [2014] NSWCATAP 17 Fletcher-Jones v Avant Garde Logistics Solutions Pty Ltd [2021] NSWCATAP 201 Gallo v Dawson (1990) HCA 30; 93 ALR 479 Gibson v Drumm [2016] NSWCA 206 Jackamarra v Krakouer (1998) 195 CLR 516 Kelly v Szatow [2020] NSWSC 407 Neighbourhood Association DP No 285853 v Kannapiran [2021] NSWCATAP 92 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 The Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Shonroo Pty Ltd v Community Association DP 270482; Casuscelli v Community Association DP 270482 and Shonroo Pty Ltd [2019] NSWCATAP 168 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 TNT Skypak International (Aust) Pty Limited v Commissioner of Taxation (Cth) [1988] FCA 119; (1988) 82 ALR 175 Tomko v Palasty (No 2) [2007] NSWCA 369 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481; 60 ALR 68, [1985] HCA 28 Texts Cited: None cited Category: Principal judgment Parties: Kannapiran Chinna Arjunan (First Appellant) Thangam Kannapiran (Second Appellant) Neighbourhood Association DP No 285853 (Respondent) Representation: Solicitors: Appellants (Self-represented) Grace Lawyers (Respondent) File Number(s): 2021/00109363 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 1 October 2020 and 10 November 2020 Before: G Ellis SC, Senior Member File Number(s): SCS 20/20812