Nowacki v S & Q Assets Pty Limited [2022] NSWCATEN 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nowacki v S & Q Assets Pty Limited [2022] NSWCATEN 1 Hearing dates: On the papers Date of orders: 22 July 2022 Decision date: 22 July 2022 Jurisdiction: Enforcement Before: I R Coleman SC ADCJ, Principal Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) the Tribunal is satisfied that it is appropriate to dispense with a hearing of the referral application. (2) Pursuant to s 73(5) of the Civil and Administrative Tribunal Act 2013 (NSW) the Application filed 27 October 2021 for contempt be referred to the Supreme Court of New South Wales for determination. (3) Costs are reserved. Catchwords: PRACTICE AND PROCEDURE- contempt - where respondent in breach of Tribunal orders - whether evidence capable of establishing contempt of Tribunal - whether contempt application should be referred to Supreme Court Legislation Cited: Local Government Act 1993 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Cases Cited: DVI v ZTT [2021] NSWCATEN 4 Mohareb v Palmer 27 NSWCA 281 Burns v Corbett [2015] NSWCATAD 188 Australasian Meat Industry Employees Union v Mudginberri Station Pty Limited [1986] HCA 46; (1986) 161 CLR 98 Witham v Holloway [1995] HCA 3; (1995) 183 CLR 525 National Australia Bank Limited v Juric [2001] VSC 375 Category: Principal judgment Parties: Dianne Nowacki (Appellant) S & Q Assett Pty Ltd (Respondent) Representation: Nil File Number(s): PC 21/44309 Publication restriction: Nil