Galea v Yazbek [2022] NSWCATAP 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Galea v Yazbek [2022] NSWCATAP 107 Hearing dates: 14 March 2021 Date of orders: 11 April 2022 Decision date: 11 April 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member P H Molony, Senior Member Decision: (1) Time for lodging the notice of appeal is extended until 17 January 2022. (2) The appeal is allowed. (3) The decision of the Tribunal is set aside and in substitution therefore application 21/47051 is dismissed. Catchwords: APPEALS – application for extension of time in which to make internal appeal granted – original proceeding brought outside the time limit fixed by cl .8 of the Uncollected Goods Regulation 2020 and s 31B of the Uncollected Goods Act 1995 – appeal against decision under the Uncollected Goods Act 1995 are not residential proceedings for the purpose of r 25 of the Civil and Administrative Tribunal Rules 2104 – appeal allowed – Tribunal lacked jurisdiction to hear and determine receivers claim under s 31B of the Uncollected Goods Act 1995 as it was out of time – decision set aside Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 41, 43, 55, 80, Sch 4, cll 3, 12 Civil and Administrative Tribunal Rules 2014 (NSW), rr 4, 25 Fair Trading Legislation Amendment (Miscellaneous) Act 2018 (NSW) Residential Tenancies Act 2010 (NSW), s 61 Unclaimed Money Act 1995 (NSW) Uncollected Goods Act 1995 (NSW), ss 3, 5, 20, 21, 22, 22A, 24, 31A, 31B Uncollected Goods Regulation 2020 (NSW), cl 8 Cases Cited: CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578; [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Cypressvale Pty Ltd v Retail Shop Leases Tribunal [1996] 2 Qd R 462; [1995] QCA 187 IK Chemists Pty v CHOF4 Artarmon Pty Ltd [2015] NSWCATAP 144 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jonsson v Arkway Pty Ltd and Anor [2003] NSWSC 815 New South Wales Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Texts Cited: None cited Category: Principal judgment Parties: Mark Galea (Appellant) Samantha Yazbek (Respondent) Representation: A Zomaya (agent) (Appellant) D Stojanovski (agent) (Respondent) File Number(s): 2022/00008346 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Division Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 6 December 2021 Before: A Blair, General Member File Number(s): RT21/41958; RT21/47051