Cannuli v Altitude Property Pty Ltd trading as Altitude Property [2022] NSWCATCD 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cannuli v Altitude Property Pty Ltd trading as Altitude Property [2022] NSWCATCD 101 Hearing dates: 29 June 2022 Date of orders: 4 July 2022 Decision date: 04 July 2022 Jurisdiction: Consumer and Commercial Division Before: G Ellis SC, Senior Member Decision: 1 The respondent's application to transfer the proceedings to the Supreme Court of New South Wales is dismissed. 2 The respondent is to pay the applicant's costs of the application to transfer, on the ordinary basis, as agreed or assessed. 3 For the avoidance of doubt, order 2 may be enforced forthwith. 4 The respondent is to file and serve a cross-application on or before 12 July 2022, including Points of (Cross-)Claim. 5 If the Points of (Cross-)Claim served in response to order 4 differ from what appears in the Cross-Claim received by the Tribunal on 4 March 2022, the applicant is to file and serve Points of Defence on or before 27 July 2022. 6 This application and that cross-application are to be listed and heard together with the evidence in either application being evidence in both applications. 7 On or before 27 July 2022 the applicant is to file and serve the documents upon which the applicant intends to rely at the hearing, in support of the application, with pages numbered and an index. 8 On or before 24 August 2022 the respondent is to file and serve the documents upon which the respondent intends to rely, both in response to the application and in support of the cross-application, with pages numbered and an index. 9 On or before 7 September 2022 the applicant is to file and serve the documents upon which the applicant intends to rely at the hearing, in response to the cross-application, with pages numbered and an index 10 The registry is to list the matter for hearing, with a time allocation of one day, on or after 14 September 2022. 11 On or before 8 July 2022 the solicitors for the parties are to advise the Tribunal, by email, with a list of unavailable dates during the period from 14 September to 23 December in 2022 and 9 to 31 January in 2023. 12 No later than seven days prior to the hearing, each party is to (a) notify the other party of any witness(es) required to attend the hearing for cross-examination, and (b) file and serve outline submissions. 13 The documents provided in response to orders 4, 5, 7, 8, 9 and 12(b) are to be filed in hard copy form but may be served in electronic form. 14 In the event of any inability of a party to comply with orders 7, 8 or 9, that party is to notify the Tribunal in writing of its request for an extension of time prior to the due date, including details of the extension sought and the reasons why that extension is sought. Catchwords: CIVIL PROCEDURE - Jurisdiction - Application to transfer to Supreme Court - Claim for equitable relief - Relief equivalent to equitable relief available COSTS – Transfer application - Payable forthwith Legislation Cited: Agricultural Tenancies Act 1990 Australian Consumer Law Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 Law Reform (Law and Equity) Act 1972 Property, and Stock Agents Act 2002 Property, Stock and Business Agents Regulation 2014 Cases Cited: Bushby v Dixon Homes du Point Pty Ltd [2010] NSWSC 234 Fiduciary Limited v Morningstar Research Pty Ltd[2002] NSWSC 432 Gaynor v Burns [2015] NSWCATAP 150 Pongrass v Small [2021] NSWCATAP 314 Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2014] NSWCATAP 85 Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2015] NSWSC 289 Waltons Stores (Interstate) Ltd v Maher [1988] HCA 7 Texts Cited: Nil Category: Procedural rulings Parties: Applicant: Carmel Cannuli