Gleeson v Cavers; Cavers v Gleeson [2021] NSWCATCD 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gleeson v Cavers; Cavers v Gleeson [2021] NSWCATCD 158 Hearing dates: 22 February 2021 Date of orders: 24 February 2021 Decision date: 24 February 2021 Jurisdiction: Consumer and Commercial Division Before: D G Charles, Senior Member Decision: 1. The Tribunal declines to deal with applications HB 19/57318 and HB 20/06029 as it has no jurisdiction to determine these proceedings. 2. In the event that a party makes application to an authorised court for leave under s 34B of the Civil and Administrative Tribunal Act 2013 NSW, the Divisional Registrar is to provide such documents from file nos HB 19/57318 and HB 20/06029 as the authorised court may require in order to determine the party's leave application to the authorised court. 3. If any party seeks an order for costs leave is granted to file and serve a short written submission (no more than 5 A4 size pages) on that issue only within 28 days of the date of these orders. 4. Leave is granted to the other party to file and serve a short written submission in reply (no more than 5 A4 size pages) within a further period of 28 days. 5. In any such submissions the parties are to address the matter of whether pursuant to the provisions of the Civil and Administrative Tribunal Act 2013 NSW, s 50(2), the Tribunal should dispense with a hearing on the issue of costs so that the issue is decided on the papers lodged with the Tribunal and with appearances of the parties not required. Catchwords: CONSTITUTIONAL LAW — Home building claims — Misleading or deceptive conduct — Federal matter — Whether colourable and lacking bona fide merits — Jurisdiction of the Tribunal to determine — Part 3A of the Civil and Administrative Tribunal Act, 2013 — Appropriate orders Legislation Cited: Competition and Consumer Act 2010 (Cth) Australian Consumer Law (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Australian Consumer Law (NSW) Commonwealth of Australia Constitution Act Judiciary Act 1903 (Cth) Cases Cited: Old UGC v Industrial Relations Commission in Court Session [2006] HCA 24 Attorney General for New South Wales v Gatsby (2018) NSWCA 254 Rana v Google Inc [2017] FCAFC 17 Burgundy Royale Investments Pty Ltd (Receivers and Managers Appointed) v Westpac Banking Corporation [1987] FCA 686 Murphy v Trustees of Catholic Aged Care Sydney [2018] NSWCATAP 275 Re Wakim [1999] HCA 27; 198 CLR 511 Dalton v Qantas Airways Ltd [2020] NSWCATCD 2 Wilson v Chan & Naylor Parramatta Pty Ltd [2020] NSWCA 213 Texts Cited: Nil Category: Principal judgment Parties: David A Gleeson (Applicant/Cross-respondent) Shane Andrew Cavers, William Ronald Cavers and Melissa Cavers (Respondents/Cross-applicants) Representation: Counsel: D O'Connor (Applicant/Cross-respondent) H Sonmez (Respondents/Cross-applicants)